logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2018.11.27 2017노2933
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of legal principles) is that the criminal facts of the summary order that became final and conclusive against the defendant and the criminal facts of the instant case are the same as the basic crime structure, and the specific method of crime cannot be deemed the same.

In the case of this case, since each applicant for a false statement of facts constituting a crime 455 times is different, it is reasonable to view that each applicant for a loan has renewed the criminal intent whenever he/she receives a false statement of subscription from the applicant for the loan, and that the name of the subscriber used for the crime differs, it cannot be deemed that the method of crime is the same.

Therefore, each criminal facts are in a substantive concurrent relationship.

Although it is reasonable to view that the lower court erred by misapprehending the legal doctrine on the number of crimes, thereby deeming it a single comprehensive crime.

2. The lower court, on the grounds indicated in its reasoning, determined that the fraud 455 times of the facts charged in the instant case is the same as the victim, the criminal intent of the victim is identical, and the method of crime is identical, and thus, constitutes a single comprehensive crime, and the facts constituting the final summary order constitute a single comprehensive crime.

Upon examining the judgment of the court below in comparison with the records of this case, the above judgment of the court below is just and acceptable, and it did not err by misapprehending the legal principles on the number of crimes.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition (Article 182,00,000 won in total) (Article 179,60,000 won in total among the charges in this case) is as follows: (a) five parallels "318,50,000 won" are as follows; (b) five parallels "314,30,000 won" are as "314,30,000 won; (c) 41,74,75,78,188, and 189 of the Criminal Procedure Act are deleted; (d) "182,00,000 won in total" in the last sentence of the crime list as "179,60,000 won in total; and (d) the amendment of "30,300,000 won" in each of the five parallels.

arrow