특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
1. The judgment of the court below which acquitted the defendant on the ground that he actively solicited the victim G as described in the facts charged and acquired stocks by transfer, even though he did not have any intention or ability to sell the stocks of DBS Korea Co., Ltd. (hereinafter referred to as DBS) at a high price, he could fully recognize the fact that he acquired stocks by transfer, as described in the facts charged, on the ground of the intention to make his own profit.
[On the other hand, the prosecutor has applied for amendments to a bill of amendment to the indictment with the purport of "the defendant had no intention or ability to support DBS S S S S S S S S stocks at the same time, even if he was investigated by the FIS S S S S stocks at the time of the fact," which stated that the defendant applied for amendments to the indictment with the purport of "I would have no intention or ability to sell DBS stocks at the same time, and therefore, even if he received DBS stock certificates from the victim, he would not have the intention or ability to sell them at high price." Although this court permitted the amendments, the modified charges only clearly stated the part of the crime committed by the defrauded, and do not seem to have been modified due to the changes to the indictment due to the changes to the indictment, in comparison with the deception, method, routes, and the property acquired, as stated in the original facts charged, unless the modified charges are found guilty, the judgment of the court below should not be reversed immediately on the ground of changes in the indictment."
2. On July 22, 2011, the summary of the facts charged is as follows: (a) the Defendant purchased DNA shares from July 201 to August 201, 201 on the recommendation of the Defendant at the F Co., Ltd.’s office operated by the Defendant (C) Dong 401, Sungnam-gu, Sungnam-si; and (b) the Defendant’s office at which the share price was located, but the share price falls.