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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for six months.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable that the sentence imposed by the lower court [the crimes No. 2, 4, 5-A, 2: Imprisonment with prison labor for April (one year of suspended execution) (one year of suspended execution), 1, 3, and 4: imprisonment with labor for 8 months).
2. We examine this case ex officio prior to the judgment on the grounds for appeal by the defendant ex officio.
A. (1) As to the determination of the number of crimes in fraud, in the event that the money was acquired by deceptive act several times against the same victim, only a single criminal intent is established if the method of crime is the same (see Supreme Court Decision 2003Do4538, Mar. 10, 2005). 2) In light of the above legal principles, this case is examined.
Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is reasonable to view that the fraud of the case 2016 High Order 9150, supra constituted a single crime committed against the same victim under the same criminal intent and constitutes a single single crime.
The lower court determined that the crimes of the first, second, and fourth crimes of the 2016 Highest Order 9150 cases constitute a single comprehensive crime by each crime, and that the crimes of the 2016 Highest Order 9150 cases, third, 5-A, and (b) of the 2016 Highest Order 9150 cases as indicated above constitute concurrent crimes.
The judgment of the court below is erroneous in the misapprehension of legal principles as to the number of crimes of fraud, which affected the conclusion of the judgment.
A) The summary of the facts charged in the 2016 Highest 9150 case is that the Defendant shall pay back the amount which is bound by the civil trial for the purpose of using the money in repayment of living expenses or debts, even though he/she did not have an intention or ability to repay with the victim C, from around 2012 to March 2016.
At the same time, from January 6, 2014 to March 10, 2016, ① the stamp tax and interest must be paid to the Bank of Korea, and ② the attached passbook should be returned to the Bank of Korea.