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(영문) 부산고등법원 2012.11.22 2012노391

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. Comprehensively taking account of the evidence admitted by the court below as to the gist of the grounds for appeal, the court below rendered a not-guilty verdict on the facts charged of this case, which erred in the misapprehension of facts and affected the conclusion of the judgment.

2. Determination

A. An ex officio determination prosecutor has reached the trial for the first time, and filed an application for changes in the indictment with respect to the applicable provisions of law, Article 109 subparagraph 1, Article 116 of the Attorney-at-Law Act, and Article 116 of the Attorney-at-Law Act, and Article 109 of the same Act, and Article 116 of the same Act are added to the facts charged.

However, the prosecutor's assertion of mistake of facts about the primary facts charged is still subject to a judgment even though there is such ground for ex officio reversal.

B. (1) On September 28, 2010, the summary of the facts charged is as follows: (a) at a restaurant where it is impossible to know the trade name in front of the headquarters of the first group of the Marine Corps in South-gu, Nam-gu, the Defendant: (b) from the victim D, “In-house E (hereinafter “F”) and the Mael; (c) 1.6 billion won from E (hereinafter “E”); and (d) the victim was subject to 1.6 billion won fraud; and (c) the wife was also subject to her divorce lawsuit; and (d) the victim was well aware of the public prosecutor and investigator of the North Korean District Public Prosecutor’s smuggling in the Changyang District Public Prosecutors’ Office; and (e) the victim was able to arrest E by requesting the prosecutor and investigator; and (e) to return the moraleed money; and (e) if so, the victim changed the amount corresponding to 50% of entertainment expenses and the 50% amount of the agreement.

However, the defendant is true, above.