Whether res judicata effect of a final and conclusive judgment on the criminal facts prosecuted after the final and conclusive judgment affects the relationship between the criminal facts and the blanket one crime.

The facts of this case which were prosecuted for simple fraud and the facts of this case committed by the defendant, which were committed by the deceit of the defendant's fraud, and thus, if the facts of this case were to be considered as a comprehensive crime of habitual fraud which is a single crime under the substantive law, the res judicata of the above final judgment will be deemed as excessive to the facts of this case which are a single comprehensive crime, and thus, the judgment of acquittal should be rendered.

Article 326 of the Criminal Procedure Act

Supreme Court en banc Decision 77Do3564 Decided February 14, 1978 83Do2609 Decided December 13, 1983

Defendant

Prosecutor

Seoul Criminal Court Decision 86No2298 delivered on July 3, 1987

The appeal is dismissed.

We examine the grounds of appeal.

According to the facts duly established by the court below, the defendant was sentenced to imprisonment with prison labor for 3 years at the Seoul District Criminal Court on October 19, 1985 and sentenced to imprisonment for 2 years at the above appellate court on February 28, 1986 and sentenced to imprisonment with prison labor for 3 years from 10 years to 15 days from 30 days from 15 March 1984 to 13 times from 15 June 25 of the same year, as if he had no intention and ability to gain a large amount of profit in a short term even if he/she was sold to the victims, and therefore, he/she could not obtain money from 3 years from 5 days from 1984 to 40 days from 15 days from 1984 to 15 days from 14 days from 105 days from 105 days from 100 other than 50 days from 15 days from 1987.

In addition, the above final judgment and the facts charged of this case are related to the crime of habitual fraud, which is a single crime under the substantive law, and the res judicata effect of the final judgment on the crime of fraud, etc. is related to the crime of this case, but it also constitutes a crime of this case which is charged for simple fraud. Thus, a judgment of acquittal should be rendered on the facts charged of this case (see, e.g., Supreme Court en banc Decision 77Do3564, Feb. 14, 1978; Supreme Court Decision 83Do2609, Dec. 13, 1983). The same purport of the judgment of the court below is correct, and there is no error of law by misapprehending the legal principles on res judicata effect, such

We cannot accept the conclusion of the judgment of the court below in its independent opinion.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Lee Jin-hun (Presiding Justice)