(영문) 청주지방법원 2019.01.17 2018노934 | 리걸엔진

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(영문) 청주지방법원 2019.01.17 2018노934

사기

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The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

The prosecution of this case is dismissed.

Reasons

1. The summary of the grounds for appeal of this case is that the crime of this case is a crime of deceiving a victim who is a relative of the defendant by deceiving him/her, and can be prosecuted only when a criminal complaint is filed pursuant to Articles 354 and 328(2) of the Criminal Act. Since the victim withdraws the criminal complaint against the defendant on August 17, 2018, the judgment dismissing the prosecution pursuant to Article 327 subparag. 5 of the Criminal Procedure Act should be sentenced.

2. In light of the records, the defendant and the victim are not living together with the victim, and the crime of this case with the purpose of deceiving the victim by deceiving the victim shall be prosecuted only when there is a complaint by the victim under Articles 354 and 328(2) of the Criminal Act.

However, since the victim expressed his/her intention to withdraw the complaint against the defendant on August 17, 2018, which was before the judgment of the court below was rendered after the prosecution of this case, the court below should have sentenced the dismissal of prosecution in accordance with Article 327 subparagraph 5 of the Criminal Procedure Act (the 31th page of the trial record), but the court below convicted him/her of the facts charged in this case with an excessive error. The court below erred by misapprehending the legal principles as to relative precedent, which affected

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is with merit, and the following judgment is rendered again after pleading.

【Discretionary Judgment】

1. The Defendant’s summary of the facts charged of the instant case: (a) around October 2016, at the Cheongju-si, the Defendant imported a master brand from abroad and supplied the master brand at a low price to the domestic department store; and (b) distributed the profits to employees in the class.

15 million won, including principal and revenue, shall be 45 million won in total.

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