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The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 5,000,000.
The above fine shall not be paid by the defendant.
Reasons
1. In light of the following: (a) the summary of the grounds for appeal has a history of having been sentenced to the suspended sentence of imprisonment twice for the same type of fraud; and (b) the Defendant committed the instant crime immediately after the Defendant was released after being sentenced to the suspended sentence in the first instance court due to fraud; and (c) the nature of the instant crime is poor, the lower court’s sentence (one year of suspended sentence and one million won for imprisonment in February) is too unreasonable.
2. We examine ex officio prior to judgment on the grounds for ex officio appeal.
In the case of fraud, in which money is acquired through deception several times against the same victim, if the criminal intent is a single and the method of the crime is the same, only a single comprehensive crime of fraud is established (see Supreme Court Decision 9Do4862, Feb. 11, 200). In the case where individual crimes constituting a single crime are committed over the period before and after the final judgment of a different kind of crime, the crime is not divided into two crimes, and it is completed at the time of the final crime which is the final judgment after the final judgment (see Supreme Court Decision 2001Do3312, Aug. 21, 2001; Supreme Court Decision 2001Do3312, Aug. 21, 2001; Supreme Court Decision 201Do3271, Feb. 27, 2007; etc.). In this case, the defendant should be treated as a final judgment after the final judgment of execution (see Supreme Court Decision 201Do27161, Feb. 27, 2001).
Meanwhile, the facts constituting the crime in the judgment of the court below are as follows: “A crime in the judgment of the court below was committed under the single criminal intent against the same victim by deceiving the victim B over 15 times from July 9, 2017 to October 21, 2017 without the intention or ability to repay even if the defendant borrows money, and by deceiving the victim B totaling KRW 4,920,000 from the above victim.” This constitutes a single criminal offense against the same victim.