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(영문) 대전지방법원 2015.06.12 2015노1162
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The sentencing of the court below (one year and six months of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

(a) In the case of fraud, if the money is acquired by deception on several occasions with the same victim, only the blanket crime of fraud shall be established if the criminal intent is single and the method of crime is the same.

(See Supreme Court Decision 2005Do8645 Decided February 23, 2006). B.

Each of the crimes of this case is a single criminal intent, and the method of crime is the same for each of the victims, and the date of the crime is relatively close to each of the victims, even though the defendant did not intend to make a repayment, by acquiring money as a loan from the victim D, F, or J, or by acquiring money from the victim N in the absence of intent to pay the borrowed money, or by acquiring money under the name of clothes and borrowed money.

C. Examining the above circumstances in light of the legal principles as seen earlier, the instant crime constitutes a blanket crime of fraud by the victim.

Unlike this, the judgment of the court below that judged the crime of deceitation against the same victim as a substantive concurrent crime is erroneous in the misunderstanding of the above legal principles, which affected the conclusion of the judgment, and thus the judgment below

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the above grounds for ex officio reversal, and the judgment below is again ruled as follows after hearing.

Criminal facts

The summary of the judgment of the court below is identical to each corresponding column of the judgment of the court below, and it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (main sentence for each victim), the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes (with respect to each of the crimes against victim D and J)

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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