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(영문) 서울고등법원 2014.12.12 2014노2866

특정경제범죄가중처벌등에관한법률위반(사기)

Text

All the judgment below against the Defendants is reversed.

Defendant

A Imprisonment for two years, and Defendant B for one year, respectively.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant A (two years of imprisonment) is too unreasonable.

B. Defendant B (hereinafter referred to as the “Defendant”) and the Defendant of mistake of facts in this paragraph knew that the packaging films (hereinafter referred to as the “instant films”) supplied by A were stolens. 2) The sentence (one year of imprisonment) imposed by the lower court on the Defendant is too unreasonable.

2. Prior to the judgment on the grounds for appeal by Defendant A (hereinafter referred to as “Defendant”), prior to the judgment on the grounds for appeal by authority, the prosecutor applied for amendment of the indictment to the effect that “the contents of the subparagraphs 42 and the total amount of fraud in the list of crimes (1)” in the indictment against the Defendant were modified as shown in the attached Form. Since this court permitted this, the part of the judgment of the court below as to the Defendant cannot be maintained.

(1) The defendant B (hereinafter referred to as the "defendants" in this paragraph) on March 3, 201

A. 1) As to the assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal, and the lower court paid the purchase price under the victim G (hereinafter “victim”) in the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① purchased the film of this case with no defects equivalent to KRW 461,753,00 in total of 36 times from November 201 to September 2013, a total of KRW 130,91,00, a price under which the market price was less than 1/3 of the market price, ② the Defendant did not issue a tax invoice or a transaction statement from the victim G (hereinafter “victim”) while doing mass trade as above, and paid the purchase price under the name of the individual passbook A.