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(영문) 서울북부지방법원 2014.06.19 2014노421
사기
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

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

In the case of fraud, if the money is acquired by deceptive act several times against the same victim, only a single crime of fraud shall be established if the criminal intent is the same and the method of crime is the same.

(2) The Defendant’s crime of this case is a single crime of this case’s bicycle racing, not a single crime of this case’s money, in full view of the following circumstances revealed by evidence duly examined by the lower court (see, e.g., Supreme Court Decisions 2005Do8645, Feb. 23, 2006; 2003Do4538, Mar. 10, 2005). 1) The Defendant acquired money from the victim F by borrowing KRW 237,40,00 in total over 233 times during 1 year and 2 months from the victim F without the intent or ability to repay the money as agreed, and it is very close to the time to receive money from the victim. 2) The Defendant borrowed money from the Corporation, household checks, cashing expenses, fines and bail money, purchase expenses for a lot of tickets, expenses for cash collection, etc. However, it is reasonable to deem that the Defendant borrowed money from the victim to use money already to the Defendant.

Nevertheless, the court below held that the defendant's crime of this case constitutes a separate crime and dealt with it as a concurrent crime. Thus, the court below's judgment is the number of crimes.

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