The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. In light of the purport of the Defendant’s assertion and the relevant precedents submitted by the Defendant, the Defendant, who received a summary order of a fine from the Daegu District Court as a crime of fraud, issued on June 10, 2016, and the summary order became final and conclusive. The crime of the above summary order constitutes a single comprehensive crime as a crime of habitual crimes, on the same basis as the facts charged in the instant case and the method of the crime is identical to the facts charged in the instant case, and thus, the Defendant asserts that the facts constituting a single comprehensive crime of the facts charged in the instant summary order and the facts charged in the instant case are the same as the facts charged in the instant case. In light of the purport of the Defendant’s assertion and the relevant case’

The effect of res judicata of a summary order on the facts charged in this case committed prior to the issuance of the summary order.

However, the lower court erred by misapprehending the legal doctrine regarding res judicata and acquittal judgment, which did not render a judgment of acquittal as to this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

B. In fact, as the Defendant paid interest on the instant loan, the Defendant did not have any intent of repayment at the time of receiving the instant loan.

However, the lower court erred by misapprehending the fact that the lower court found the Defendant guilty of this part of the facts charged, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. In a case where a judgment of conviction has become final and conclusive on a part of several criminal facts which are related to a comprehensive judgment of misunderstanding of legal principles, if a new public prosecution was instituted against the remaining crimes committed before a judgment of facts in the final and conclusive judgment was rendered, that new public prosecution was brought again against the same case with which a final and conclusive judgment was rendered, and thus, a judgment of acquittal should be rendered (the Criminal Procedure Act).