The case holding that there is no identity between the original facts charged and the facts charged for the amendment of indictment;

The facts of "the defendant, who is the initial charge, obtained money from the victim under the name of the original wood by means of a false statement that he would supply the whole part of the original wood if the defendant subsidized the original wood cost to the victim," and the facts of the charge that "the defendant sold and handed over the original tree damaged by the victim to another wife and stolen it", which is the charge of the application for changes in the indictment, are related to the defendant's sale of the original tree to the victim, and it cannot be said that the social facts are identical in the basic point of the fact because the act is completely different. Therefore, it is not possible to amend the indictment.

Article 298 of the Criminal Procedure Act

Defendant

Prosecutor

Busan District Court Decision 82No759 delivered on June 4, 1982

The appeal is dismissed.

We examine the grounds of appeal.

According to the records, the original facts charged of this case are as follows: "The defendant was jointly sold with the non-indicted 1, from August 8, 1978 to the beginning of December 1979, 2000 won for the victim's last 80,000 won, and the defendant had already been supplied 80,000 won for the remaining 160,000 won for the victim's last 80,000 won for the defendant's last 80,000 won for the defendant's last 80,000 won for the defendant's last 80,000 won for the defendant's last 80,000 won for the defendant's last 80,000 won for the defendant's last 10,000 won for the defendant's last 10,000 won for the defendant's past 10,000 won for the defendant's past 20,000 won for the defendant's last 10,0,00,000 won for the above.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices O Sung-sung(Presiding Justice)