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(영문) 부산고등법원 (창원) 2016.05.18 2015노367
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. The summary of the reasons for appeal (No. 1: imprisonment with prison labor for 3 years and imprisonment with prison labor for 1 year and 6 months) by the court below is too unreasonable.

2. Prior to the judgment on the grounds for ex officio appeal, the judgment of the first and second court against the defendant was rendered, and the defendant filed an appeal against them, and this court decided to hold concurrent hearings of the above two appeals cases. The first and second judgments against the defendant are related to concurrent crimes under the former part of Article 37 of the Criminal Act, and one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the judgment of the court below is no longer maintained.

In addition, the court of first instance determined that the defendant introduced the victim D as if there were insurance products of high rate of insurance company, such as solar life, and deceiving the victim as if he could receive high profit if he bought insurance products, and that the defendant's receipt of money several times from the victim D constitutes a substantive concurrent crime relationship.

However, in the case of fraud, where the money was acquired by deception several times against the same victim, if the criminal intent is the single and the method of the crime is the same, only the comprehensive crime of fraud is established (see Supreme Court Decision 2004Do5598, Jan. 28, 2005, etc.). The following circumstances, which can be recognized by the evidence duly adopted and investigated by the first instance court, are used for the operation of the (state)C in which the conclusion of the insurance contract is performed by proxy, etc., and its interest is borne by the defendant, which led to the fraud in order to repay the above bonds, and the defendant paid interest at a fixed interest rate if the insurance company deposits with the victim D for five years, and is entitled to refund the principal after five years.

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