The appeal is dismissed.

The grounds of appeal are examined.

In the case of fraud, if the money is acquired by deception through several times for 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.

(2) The judgment of the court below is just and acceptable to reverse the judgment of the court of first instance that found the defendant guilty on December 12, 2009, since the defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court on July 12, 2002, and the part concerning the victim H among the facts charged in the above final judgment and the facts charged before the final judgment became final and conclusive on December 12, 2009, which led to the crime by deceiving the defendant with investment funds. Since the part concerning the fraud among the facts charged in the above final and conclusive judgment is a crime by deceiving the same victim, which constitutes a single and continuous crime against the same victim and repeats through a relatively short period under the criminal intent of the same law, and thus, res judicata effect of the above final and conclusive judgment is also affected by the above facts charged.

In conclusion, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to the universal offense of fraud, and the Supreme Court en banc Decision 2001Do3206 Decided September 16, 2004 and Supreme Court Decision 2010Do2810 Decided April 29, 2010 cited by the prosecutor as the grounds of appeal are related to the universal offense of habitual crimes or the victim is not suitable to be invoked in this case in other cases.

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