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(영문) 부산지방법원 2020.05.08 2019노3297
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below, the charge of acquittal part of the judgment of the court below is only the same as the defendant's criminal facts for which a summary order became final and conclusive, and it is difficult to view that the method of deception has different relation to a blanket

Nevertheless, the court below erred by misapprehending the legal principles on acquittal of the facts charged, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (two years of imprisonment with prison labor for six months) is too uneased and unreasonable.

2. Judgment on the misapprehension of legal principles

A. In the relevant legal principles, where the money is acquired by deception on several occasions for 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.

(see, e.g., Supreme Court Decision 2004Do5598, Jan. 28, 2005). Meanwhile, if a summary order has become final and conclusive with respect to part of a crime related to a single comprehensive crime, a judgment of acquittal shall be rendered with respect to the previous crime based on the time of issuing the summary order, and only for the following crimes shall be punished for a single crime.

(See Supreme Court Decisions 84Do1129 delivered on July 24, 1984; 94Do1318 delivered on August 9, 1994, etc.). B.

Judgment

1. On November 13, 2012, the Defendant received a summary order from March 17, 2011 to April 5, 2012, “The Defendant received insurance money totaling KRW 7,10,892 from the victim D, G, E, and F, and F, and received a summary order of KRW 350,00,000 from the victim D, G, E, and F, and received a summary order of KRW 1,10,480, in a total of nine times from March 17, 201 to April 5, 2012, and received a written confirmation of hospitalization and discharge from the victim D, and filed a claim for the payment of insurance money to be true, and received the payment of the insurance money from the victim D, G, E, and F, and received the said summary order of KRW 1,50,00,000 from the employee in charge of the crime.”

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