특수절도
The judgment of the court below is reversed.
Defendant
A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.
1. Summary of grounds for appeal;
A. From August 16, 2012, Defendant A misunderstanding of facts or misunderstanding of legal principles (around December 201, the Defendant may deduct money, etc. from a warehouse for non-funds) told the victim, etc. of KRW 300 million. Around August 16, 2012, the Defendant told the victim to the effect that “an additional investment of KRW 200 million would be combined with the money which was not repaid once the last time and KRW 1 billion would be paid.” On August 17, 2012, the Defendant had the victim made it available to the Defendant B to confirm whether the “money from a warehouse for non-funds.” After that, the Defendant did not return the said money to the victim by collecting KRW 300 million, which was acquired earlier. Accordingly, the lower court did not err in the misapprehension of unfair sentencing ratio and the judgment, since the Defendant did not receive the said money from the beginning for the purpose of returning it to the victim.
B. Defendant B, misunderstanding of facts or misunderstanding of legal principles (Defendant A, on August 17, 2012, suffered a loss of 300 million won from a victim of an excessive crime, and thus recovered it according to the result of the increase in the number of times from the victim of the excessive crime, and Defendant A responded to the request by the victim, “A, who has received KRW 300 million from the victim, shall be recovered.” This constitutes an act of self-help as it is inevitable for Defendant A to recover the previous loss of fraud, and the Defendant was unaware of whether such an act constitutes a crime and unfair sentencing.) and an unfair sentencing decision.
2. The judgment of this Court
A. According to the evidence duly admitted and examined by the lower court, the following facts are recognized.
1 Defendant A may receive KRW 800 million from J with money, etc. in the warehouse of the former regime when investing KRW 400 million.