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(영문) 부산지방법원 2019.03.22 2018노4626
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

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

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.

(2) In light of the aforementioned legal principles, the Defendant, even if the Defendant received money from the victim, received money from the victim in total eight times from February 6, 2015 to April 24, 2015, as indicated in the separate crime list, and acquired money by deception. Comprehensively taking account of the method and form of each of the instant crimes, motive for each of the instant crimes, and interval between each of the instant crimes, it is reasonable to deem that each of the Defendant’s defraudation is a single criminal intent and the same method as a single method of crime is the same.

Nevertheless, the court below deemed each of the above fraud as a separate crime and treated it as concurrent crime, and there is an error of law by misunderstanding the legal principles as to the number of crimes.

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 judgment below is reversed, and it is again decided as follows.

[Discied Judgment] The facts constituting an offense and the summary of evidence recognized by the court are identical to the facts stated in the corresponding column of the judgment below. Thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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