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(영문) 청주지방법원 2018.02.08 2017노1383
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of five million won.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is that each sentence of the lower court (a fine of KRW 4 million with respect to each of the crimes listed in [Attachment 1] Nos. 1 through 8 of the list of crimes listed in the holding of the lower judgment, and a fine of KRW 1 million with respect to each of the crimes listed in [Attachment 9] No. 9 and 10 of the list of crimes listed in the holding of the lower judgment is too unreasonable.

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

A. In a case where several acts falling under the same name of crime or continuous acts are continuously conducted for a certain period under the single and continuous criminal intent, and the benefit and protection of the law from such damage are the same, each of these acts shall be punished by a single comprehensive crime (see Supreme Court Decision 2005Do4051, Sept. 30, 2005, etc.). B. He returned to the instant case and scambling, the Defendant committed a crime No. 1 through 9, which was committed after the crime No. 1 to 9 of the list of crimes in the judgment of the lower court, on May 28, 2016, which was punished by imprisonment with prison labor for one year, and became final and conclusive after being sentenced to a suspension of execution of two years for one year, and committed a crime No. 10

Therefore, in light of the fact that each of the above crimes is identical to the victim's Hyundai Commercial Reinsurance Co., Ltd. (hereinafter "victim company"), each of the above crimes was committed at the intervals of one month short for eight months, and the defendant's method of committing the crime is identical, it is reasonable to view that the defendant acquired insurance money from the victimized company under the single and continuous criminal intent from October 14, 2015 to June 11, 2016.

Therefore, since each of the frauds in this case is related to a single comprehensive crime, the court below has a relation of substantive concurrence.

On the other hand, with respect to each of the crimes listed in [Attachment 1] to 8 annexed crimes in the holding of the court below, a fine of KRW 4 million was imposed, and each of the crimes listed in [Attachment 9] Nos. 9 and 100,000 for each of the crimes listed in [Attachment 1] to the judgment of the court below. The judgment of the court below shall be reversed.

3. Accordingly, the judgment of the court below is reversed on the ground that the above reasons are reversed ex officio.

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