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Acquittal of the accused shall be acquitted.
Reasons
On July 2013, the Defendant made a false statement to the effect that “The two cases in progress have been in favor of the victim B, and the property secured by deposit, seizure, etc. in the court is guaranteed. It will be repaid upon the completion of the trial. It will be repaid upon the completion of the trial. The Defendant borrowed money to the expenses for litigation and the expenses for cancellation of attachment.”
However, in fact, the Defendant did not have any property secured by any lawsuit, deposit, seizure, etc. in progress at the time, and was a bad credit holder with no property or income at the time, and all the money received from the victim was thought to be used as gambling funds, so even if he borrowed money from the victim, the Defendant did not have any intent or ability to repay it.
Nevertheless, the Defendant, on December 16, 2013, transferred KRW 3.9 million to the Defendant’s husband’s account under the name of the Defendant’s E community credit cooperatives (F) from the agricultural bank account (D) in which the Defendant was liable to the victim. From that time until May 21, 2014, the Defendant acquired KRW 38,130,000 in total over 23 times, as shown in the attached crime list, from May 21, 2014.
Judgment
In the case of fraud, if the money is acquired by deceptive act several times against the same victim, only a single crime of fraud shall be established if the criminal intent is a single and the method of crime is the same.
(1) In a case where a judgment becomes final and conclusive with respect to a part of a crime which is a single comprehensive crime, the judgment of acquittal should be rendered on the grounds that res judicata effect of the final and conclusive judgment has not yet expired as to the crime committed prior to the time of rendering the judgment of the fact-finding court.
On December 6, 2018, the Defendant was sentenced to three years of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on December 26, 2018.
The criminal facts of the final judgment and the fraud of the facts charged in this case are the same as the victim.