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(영문) 수원지방법원 2020.02.07 2019노7008
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

Summary of Grounds for Appeal

The punishment of the lower court (attached Form 1: fine of KRW 1 million, and each other fraud: Imprisonment with labor for three months) is too unreasonable.

In the judgment of ex officio fraud, where the money has been acquired by deception through several times for the same victim, if the criminal intent is a single and the method of crime is the same, only a single comprehensive crime of fraud shall be established.

(see, e.g., Supreme Court Decision 2002Do2029, Jul. 12, 2002). Each fraud described in the separate sheet Nos. 1 through 4 of the crime sight table (hereinafter “the table”) in the separate sheet Nos. 1 through 4 is the same year from March 28, 2019 by deceiving the victim C who became aware of through the Internet website B.

4. From the date of up to four times until the end of 28, a total of 679,50 won as the price for mobile merchandise coupons (belin Slin Slin Slin Slin Slin Slin Slin Slins and Slin merchandise coupons) is acquired by deceptioning KRW 679,50,00 in total. In full view of the method and form of crime, motive, interval of crime, transaction details between the defendant and the victim, the criminal

Nevertheless, the court below erred by misapprehending the legal principles as to the number of crimes, thereby adversely affecting the conclusion of the judgment.

In conclusion, the judgment of the court below has the above reasons for ex officio reversal, and the court below held that the crime of fraud listed in the table Nos. 1 is in the relationship between the previous offense and the post concurrent offense in the judgment, and sentenced it as a separate order. As to the crime of fraud listed in the table Nos. 2 through 4, the remaining crimes of fraud and the former part of Article 37 of the Criminal Act were dealt with, and sentenced to

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 for the Judgment of the Supreme Court】 Criminal facts and evidence.

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