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(영문) 수원지방법원 2019.04.26 2019노224
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In the judgment of ex officio fraud, where the money is acquired by deception on several occasions with the same victim, only a single crime of fraud shall be established if the criminal intent is the same and the method of crime is the same;

(see, e.g., Supreme Court Decision 2002Do2029, Jul. 12, 2002). If part of the crime of blanket crime was committed during the period of repeated crime, the remainder of the crime was committed after the lapse of the period of repeated crime.

Even if the crime was fully committed, it constitutes a repeated crime (see Supreme Court Decision 2011Do14135, Mar. 29, 2012). This legal doctrine applies equally to a case where a part of the comprehensive crime is committed within the period of repeated crime and the remainder of the crime was committed before the commencement of the period of repeated crime.

The crime against the victim B is committed with a single criminal intent and with the same method of crime, a single comprehensive crime of fraud is established.

Therefore, Article 35 of the Criminal Act shall apply to all of the above crimes unless some of the crimes (attached Nos. 9 through 26) were committed within three years from July 5, 2017, the expiration date of the parole period of the defendant.

Therefore, the judgment of the court below cannot be maintained.

3. In conclusion, there exists a ground for ex officio reversal on the part of the judgment of the court below regarding the fraud against the victim B, and the judgment of the court below on the grounds of ex officio reversal and the remaining crimes as stated in the judgment of the court below are treated as concurrent crimes under the former part of Article 37 of the Criminal Act and sentenced to a single punishment.

Therefore, the judgment of the court below is reversed under Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment is again rendered as follows.

【Reason of the judgment of the court below】 Facts constituting a crime and summary of evidence recognized by the court, and summary of evidence constitute the column of the judgment below.

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