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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the court below, which held that the crime of Nos. 1, 654-2, 2, and 3 in the judgment of misunderstanding legal principles shall be deemed an inclusive crime, the judgment of the court below which sentenced the punishment by dividing it on the ground that there is a final judgment between the crime No. 1, 2,
B. The lower court’s sentence of unfair sentencing (one year of imprisonment with prison labor for the crimes of Nos. 1 of 2020 highest 654 and 2020 highest 654-2 and 3 of the judgment, and crimes of No. 2018 highest 2812 of the judgment, and one year of imprisonment with prison labor for the crimes of No. 2020 highest 654 and 2018 highest 2812) is too unreasonable.
2. Determination
A. In determining the misapprehension of legal principles as to the assertion of fraud, where money or property gains are acquired by deception on several occasions for the same victim, if the criminal intent is single and the method of crime is the same, only the comprehensive crime of fraud is established, but if the identity and continuity of the criminal intent are not recognized or the method of crime is not the same, each crime constitutes substantive concurrent crimes.
(2) In light of the aforementioned legal principles, the Defendant received money from the victim as a used vehicle purchase name, and the method of committing the crime is difficult to view that the Defendant received money from the victim as a loan for the appointment of an attorney-at-law, and the crime is identical, in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, the last day of the crime of No. 2020,No. 654-1, May 12, 2014. The date of the crime of No. 2 is difficult to view that there is a time interval of up to 11 months from April 16, 2015. The crime of No. 1 is a crime of No. 2 as a used vehicle purchase name.
Therefore, the defendant's above misapprehension of legal principles is without merit.
The application of the law of the judgment of the court below.