The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

The summary of the grounds for appeal in this case is that the crime of this case is one of the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for which the judgment became final and conclusive on October 19, 2019, after having been sentenced to imprisonment of three years and six months at the Seoul Central District Court on May 17, 2019.

The punishment sentenced by the court below of unfair sentencing (eight months of imprisonment) is too unreasonable.

Judgment

According to the evidence duly examined by the court below, the defendant was sentenced to two years and ten months for fraud at the Seoul Central District Court on February 15, 2019, and the judgment became final and conclusive on April 26, 2019.

Since the crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of this case for which judgment has become final and conclusive, a punishment shall be determined by taking into account equity and equity in the case of concurrent judgment pursuant to Article 39(1) of the Criminal Act.

In a judgment of fraud regarding the assertion of misunderstanding legal principles, in case where the money is acquired by deception several times for the same victim, if the criminal intent is single and the method of crime is the same, only the comprehensive crime of fraud shall be established, and if the identity and continuity of the criminal intent are not recognized or the method of crime is not identical, each crime constitutes substantive concurrent crimes.

(see, e.g., Supreme Court Decision 99Do4862, Feb. 11, 2000). According to the evidence duly examined by the lower court, the Defendant was sentenced by the Seoul Central District Court on May 17, 2019 to imprisonment with prison labor for three years and six months for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the following table, and the judgment became final and conclusive on October 19, 2019.

The defendant, around June 5, 2012, had the victim C purchase the K Apartment L of Yongsan-gu Seoul Metropolitan Government, which is owned by the victim, and had the victim C borrow an apartment as collateral before the payment of the thesis part payment to purchase the apartment at a low price of KRW 1.85 billion below the market price.

. is in progress;