The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

1. The summary of the grounds for appeal (e.g., a form of punishment) that the lower court rendered (e.g., a fine of one million won for fraud as of November 24, 2017 as of November 24, 2017 as of the original judgment, and one year and six months for the remaining crimes as of the judgment of the lower court) is too unreasonable.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

In the case of deception through deception on several occasions with the same victim in a crime of fraud, 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 Supreme Court Decision 2002Do2029 Decided July 12, 2002. [See, e.g., Supreme Court Decision 2002Do2029, Jul. 12, 2002). Of the criminal facts stated in the judgment of the court below [2019Da1], the crime of paragraph (a) of Article 1 among the criminal facts in the judgment of the court below [2019Da1] is committed by deceiving the victim eight times in total in the absence of the intent or ability to repay even if the defendant borrows money from the victim, and by deceiving the victim. In full view of the above legal principles and the method, form, motive, and time interval of each of the above acts, it is reasonable to view that each of the criminal fraud of this part constitutes a single criminal intent and the same method

Nevertheless, since the court below regarded each of the fraud as a separate crime and treated it as concurrent crime, it erred by misapprehending the legal principles as to the number of crimes, which affected the conclusion of the judgment.

In this respect, the judgment of the court below cannot be maintained.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the part of the judgment below on the defendant's case is reversed and it is again decided as follows.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, and thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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