특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for five years.
1. Summary of grounds for appeal;
A. The grounds for appeal by the Defendant are 1) The facts charged in the instant case alone by misapprehending the legal doctrine on whether the facts charged are specified, thereby hindering the Defendant’s exercise of right to defense, since the relationship between the Defendant and his accomplice, real name of his accomplice and his accomplice cannot be entirely specified.
In contrast, the court below erred by misapprehending the legal principles that the facts charged in this case were not specified and that it was found guilty of this part of the facts charged, which affected the conclusion of the judgment.
2) There is no direct evidence that there was a misunderstanding of the fact as to the conspiracy between the name influor and the name influor, who is the duty to supply forged documents, and the name influor and influor of the name influor,
The circumstance recognized by the court of the court below alone is insufficient to recognize a public contest with a person who is a name or a person who assumes the responsibility of supplying forged documents or who assumes the responsibility of K.
On the contrary, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.
B. The grounds for appeal by the defendant and the prosecutor (unfair sentencing) are too minor or unreasonable.
2. Determination
A. As to whether the facts charged are specified, the purport of Article 254(4) of the Criminal Procedure Act allowing the court to specify the facts charged by specifying the time, place, and method of the crime is to limit the object of the trial and facilitate the defendant’s exercise of his/her defense by specifying the scope of defense. As such, it is sufficient for the court to specify the facts constituting the cause of the prosecution by pointing out the date, place, method, and purpose to distinguish the facts constituting the cause of the prosecution from other facts in light of the nature of the crime charged. Even if the time, place, contents, etc. of the public prosecution are not specified or some of them are unclear, the facts charged by other matters