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(영문) 청주지방법원 2013.04.25 2012노852
사기등
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The judgment of the court below which acquitted the defendant of the facts that the defendant received money or goods from the victim as a solicitation of public officials in accordance with the consistent statement of C and evidence related to the circumstance where the defendant paid money to the defendant, etc. of the summary of the grounds for appeal, such as E's statement, is erroneous in the misapprehension of facts

2. Examination ex officio prior to the judgment on the grounds for appeal by the prosecutor ex officio, and the prosecutor raised the facts charged against the defendant before the court, by the following 3;

A. An application for changes in the contents of the same paragraph was filed, and since this court permitted it, the judgment of the court below was no longer maintained.

However, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope related to the changed facts charged, even if there are such reasons for ex officio reversal.

3. Determination on the grounds for appeal

A. A. A summary of the facts charged 1) On May 2009, the Defendant made a false statement to the effect that “The Defendant would have received a request from the victim C (the age 45, the age 45, the victim complained of the fraud) to help the victim deal well with the fraud case.”

In this regard, the victim gave 1 million won as entertainment expenses to the defendant at the Seoul Northern District Prosecutors' Office located in Seoul Special Metropolitan City, Nowon-gu, 622, Dong 1, Dong.

However, even if the defendant received money from the victim as entertainment expenses, he did not have the intention or ability to solicit the case to the public official.

The Defendant received money and valuables under the pretext of inducing victims to receive one million won as entertainment expenses and soliciting cases handled by public officials.

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