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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Of the facts constituting the crime No. 1-A of the judgment below as stated in the judgment of the court below, the prosecution against the fraudulent crime of which the defendant received KRW 50 million from the victim C on December 16, 2007 was instituted after seven years have passed since the prescription period under Article 249(1) of the former Criminal Procedure Act (amended by Act No. 8730 of Dec. 21, 2007) was expired, and thus, the court below found the defendant guilty of this part by misapprehending the legal principles.
B. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.
2. Judgment on the grounds for appeal
A. As to the assertion of misapprehension of legal principles, the defendant's act of receiving money or acquiring pecuniary benefits from one victim with a single and continuous criminal intent over several occasions constitutes a single fraud, and the crime is completed at the time of receiving the last money (see Supreme Court Decision 95Do2437, Jan. 26, 1996). The crime of paragraph (a) of Article 1 of the judgment of the court below is completed on December 25, 2007 with the date on which the defendant received the last money from the injured party, and the prosecution against the above crime is completed on December 21, 2007 with the date on which the defendant received the last money from the injured party, and the prosecution against the above crime was enforced on December 21, 2007 (amended by Act No. 8730, Dec. 21, 2007). Thus, the judgment of the court below finding the defendant guilty of the above facts charged is justified, and there is no error in the misapprehension of legal principles as alleged by the defendant.
B. Although there are no circumstances to consider the circumstances such as the Defendant’s recognition of the instant crime and the fact that the Defendant had no record of punishment, the circumstance leading up to the instant crime, etc., the lower court has already determined the punishment by taking into account the circumstances favorable to the Defendant, and there are special circumstances that may be newly considered in sentencing after the lower judgment was sentenced.