특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. Scope of judgment of party members;
A. The first instance court convicted the Defendant of both the instant facts charged [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), fraud, fabrication of private documents, and uttering of a falsified document]. The Defendant appealed on the ground of misunderstanding of facts, misunderstanding of legal principles, and misappropriation in good faith. 2) The trial prior to the remand dismissed the Defendant’s appeal, and the Defendant appealed on the grounds of misunderstanding of facts, misunderstanding of legal principles, and unreasonable sentencing.
3) The Supreme Court received a final appeal against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and rejected the remainder of the appeal. The remaining parts also reversed the part against the defendant in the judgment prior to remand on the ground that the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are concurrent crimes under the former part of Article 37 of the Criminal Act.
Based on this premise, we examine the reasons for appeal.
2. Summary of grounds for appeal by the defendant;
A. The Defendant paid the intermediate payment of KRW 140 million in addition to the down payment of KRW 140 million after the judgment of remanding the case was rendered on May 26, 2015, which was the first instance court on May 26, 2015, and the victim, the seller, immediately after receiving the down payment, will move six graves located in the relevant real estate.