Defendant

A Imprisonment of one year and six months, Defendant B's imprisonment of 10 months, Defendant C's imprisonment of one year and six months, and Defendant D.

Punishment of the crime

[In a case where it is found that the prosecutor first indicted the fraud, which is a simple single crime, and charged with a habitual fraud, which is a single crime, all the criminal facts committed before and after the trial process, constitute a habitual fraud crime, the prosecutor, in principle, should add the criminal facts stated in the indictment for an additional indictment to the criminal facts of the case charged first, and change the whole crime into a habitual crime, and apply for changes in the name of the crime and the applicable legal provisions, and revoke the prosecution for an additional indictment. However, even if it is not based on such treatment, the prosecutor’s application for punishment for all the criminal facts prosecuted before and after the additional indictment is included in the purport of applying for punishment as a single comprehensive crime.

In light of the above, there is a difference between the amendment of indictment, including adding the facts charged, and there is no difference in its substance in the indictment. Thus, the submission of the indictment by the name of the tin to supplement the omission of the first indictment, which constitutes a single crime, and the alteration of the name of the crime and the applicable provisions into the law including the crime and the single crime, and it is evident that the indictment was not filed in duplicate for the first crime, it is not necessary to make a substantive judgment on the whole facts charged before and after the above additional indictment and to dismiss the indictment (Supreme Court Decision 9Do3929,9Do99 delivered on November 26, 199). The prosecutor does not need to make a judgment dismissing the indictment against the additional indictment (Supreme Court Decision 9Do3929 delivered on November 26, 199, Supreme Court Decision 2017Da1067 delivered on August 5, 2017, the amendment of the indictment against the defendant and the amendment of the indictment against the defendant A to the effect that the indictment against the defendant was amended.