The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

However, for two years from the date this judgment becomes final and conclusive.

Summary of Grounds for Appeal

The punishment of the lower court (eight months of imprisonment) is too unreasonable.

In the judgment of ex officio fraud, where the money has been acquired by deception through several times for the same victim, if the criminal intent is a single and the method of crime is the same, only a single comprehensive crime of fraud shall be established.

(See Supreme Court Decision 2002Do2029 Decided July 12, 2002, etc.). The criminal facts of the lower judgment are as follows: (a) inasmuch as the Defendant did not have an intent or ability to repay money from the victim even if he/she borrowed money from the victim, by deceiving the victim together with B, and by deceiving the victim more than ten times from July 14, 2016 to November 18, 2016, 100 won; (b) comprehensively taking account of the method and form of the crime, motive, and interval of time, the criminal intent is single and the method of the crime is identical, and a single and comprehensive crime is related to the crime.

Nevertheless, the court below erred by misapprehending the legal principles as to the number of crimes, thereby affecting the conclusion of the judgment.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, on the ground of the above ex officio reversal, and the judgment below is again ruled as follows.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court and summary of the facts constituting the crime and summary of evidence are the same as stated in each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. The crime of this case with the reason for sentencing under Article 62(1) of the Criminal Act is the crime of this case where the victim who has difficulties in living is aware of the death insurance money caused by the husband's death, and it is not good to commit the crime, and the amount of fraud is also a considerable amount, and most of the damage was recovered from the victim.