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(영문) 대전고등법원 2013.05.08 2013노99

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty portion against the defendant shall be reversed.

The defendant is not guilty.

Reasons

1. The court below found the defendant not guilty as to ①, ②, and ③ of the facts charged in this case against the defendant (the fraud by the defendant's sole crime, ② the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), ③ the fraud by the defendant's joint crime with B).

As to the guilty portion, the Defendant appealed against the judgment of the court below, and the prosecutor appealed the entire judgment of the court below on the grounds of the above (2) and the modification of the indictment (in addition) with respect to the part of the above (1) as to the above (2) after the guilty, the amendment of the indictment, and (3) (in addition, there was no change in the number of single crimes before and after the amendment of the indictment).

With respect to the judgment of the first instance court prior to the remand, only the Defendant was convicted, and the appellate court reversed the judgment of the first instance prior to the remand, thereby reversed the conviction of the first instance judgment prior to the remand.

Ultimately, the verdict of innocence prior to the remanding of the case was already final and conclusive after the amendment of the indictment among the facts charged in this case, regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by the Defendant’s joint criminal conduct with C, and ③ the fraud by the Defendant’s joint criminal conduct with B, and this part of the facts charged is not included in

2. Summary of grounds for appeal;

A. Although the Defendant did not make a false statement to M that “I already agreed to purchase the land owners and 1.6 million won for the development and deliberation of the land owners,” the lower court, among the facts charged in the instant case against the Defendant, obtained KRW 150 million from M as the down payment, etc. for real estate purchase services contract, and acquired it by deceiving M as above, and acquired it from M as the down payment.