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(영문) 서울북부지방법원 2017.09.29 2017노1613
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The facts charged against the Defendant by misapprehending the legal doctrine are the crime of fraud, subject to the statutory penalty for the crime of fraud (Article 347(1)) under the Criminal Act. The statutory penalty for the crime of fraud is stipulated as imprisonment with prison labor for a maximum of not more than ten years, and the ten-year statute of limitations is applied pursuant to Article 249(1)3 of the Criminal Procedure Act.

Accordingly, Article 249(1)3 of the Criminal Procedure Act was amended by the amended Criminal Procedure Act (Act No. 8730, Dec. 21, 2007) on December 21, 2007, and the period of prescription has been seven years but is extended to ten years. Meanwhile, Article 3 of the Addenda to the amended Criminal Procedure Act applies to the crime committed before this Act as a transitional measure.

"........"

According to this, the statute of limitations in the case of fraud committed prior to the enforcement of the revised Criminal Procedure Act ( December 21, 2007) is seven years as before.

However, among the facts charged in the instant case, the charges No. 1 through No. 14 of the annual list of crimes listed in the judgment of the court below are crimes committed by the Defendant on or before December 21, 2007. As such, the statute of limitations has already been completed, and this part of the facts charged should be acquitted.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the statute of limitations, thereby finding all of the charges guilty.

B. The sentence sentenced by the lower court is too unreasonable.

2. Determination

A. In a case where it is reasonable to evaluate the entire act as one of the multiple repeated actions that were repeatedly determined on the assertion of misunderstanding of legal principles by means of a similar method in the vicinity of a single and continuous criminal intent, etc., the entire act should be punished as a single comprehensive crime (see, e.g., Supreme Court Decision 2013Do12937, Jul. 24, 2014). The statute of limitations for a single single crime shall commence from the time when the last criminal act has been committed (see, e.g., Supreme Court Decision 2015Do3926, Sept. 10, 2015).

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