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(영문) 의정부지방법원 2020.07.23 2019노2442

근로기준법위반등

Text

Defendant

1. All parts of the judgment below A, excluding the dismissed part of the judgment below, shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) misunderstanding of facts (not guilty part: the lower court’s judgment 2016 high-ranking3757 charges 1-C.

paragraphs (i) and (i)

(A) Although Defendant C conspired with Defendant C and B to commit fraud against Defendant C, the lower court erred by misapprehending the facts and acquitted Defendant C on the charge of deceiving Victim F and deceiving 140 million won as a deposit for lease, the lower court erred by misapprehending the fact.

B) Although the Defendants conspired to commit fraud against the victim E, and there was proof of the fact that the Defendants acquired 167 million won as part of the intermediate payment for sale price, the lower court erred by misapprehending the fact and thereby acquitted Defendant A and C. Defendant A: Imprisonment with prison labor for 5 years: 1 year and 6 months, 3 years of suspended execution, and 240 hours of community service.

B. Defendant A: Sentencing

2. Ex officio determination

A. The guilty portion: The prosecutor's appeal in violation of the principle of law at the time of action (the violation of the Act on the Registration of Real Estate under Actual Titleholder's Name) is examined ex officio prior to the judgment

Article 1(1) of the Criminal Act provides that the establishment and punishment of a crime shall be governed by the Act at the time of the act, and Articles 7(2) and 3(1) of the former Act on the Registration of Real Estate under Actual Titleholder’s Name (amended by Act No. 13713, Jan. 6, 2016) shall apply since the point at which the criminal facts in the instant case were established under Articles 2(2) and 2017Kadan3021, among the facts charged, from August 10, 2012 to February 27, 2015.

Nevertheless, the court below erred in applying Articles 7(2) and 3(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, which are the current law, to the above facts charged, with excessive interpretation.

Accordingly, among the judgment below, the conviction part against the Defendants cannot be maintained any longer.

(b) The non-guilty portion: Amendments to Bill of Indictment (the fraud of the accused E).