특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for two years.
1. According to the records of proceedings, the following facts are recognized.
A. The lower court convicted the Defendant of all the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Registration of Real Estate under Actual Titleholder’s Name, and appealed on the grounds of mistake of facts, misunderstanding of legal principles
B. On the other hand, the first instance court partially accepted the defendant's appeal and found the defendant not guilty on the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and found the defendant guilty on the facts charged in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). However, all of the above facts of fraud and the remainder that the court below found the defendant guilty on the grounds that a single sentence should
The prosecutor appealed on the part against the defendant in the judgment of the party before remanding.
C. The Supreme Court reversed the part of the judgment of the party prior to the remanding, which acquitted the defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but on the ground that the above reversed part is in a concurrent legal relationship with the part that the court prior to the remand found guilty of the defendant and the single punishment should be sentenced. The part of the judgment prior to the remand as to the defendant is reversed and remanded to the court of this case.
2. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and six months) of the lower court against the Defendant is too unreasonable.
After remanding, the Defendant completely withdrawn the assertion of misunderstanding of facts and misapprehension of legal principles on the 6th trial date, and argued only unfair sentencing grounds as grounds for appeal.
3. The defendant committed the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).