logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.06.22 2017노335
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the Prosecutor, the fact that the Defendant, in collusion with F, obtained a total of KRW 566 million from I, P, Q, and R (hereinafter collectively referred to as “I”) from November 2006 to March 2007 can be sufficiently recognized.

B. The instant public prosecution was instituted on July 31, 2014, which was seven years prior to the expiration of the seven-year statute of limitations following the suspension of the public prosecution against the accomplice, from the date the public prosecution against F was instituted to the date of final and conclusive judgment of conviction.

(c)

Nevertheless, the court below held that there is no evidence to acknowledge the accomplice relationship between the defendant and F, and held that the prosecution of this case was instituted seven years after the completion of each of the crimes in this case and the statute of limitations has expired, and thus, acquitted the facts in this case. The court below erred by misapprehending the legal principles.

2. Determination

A. The summary of the facts charged in the instant case is a person who specializes in the sale and purchase of occupancy rights arising from the expropriation of land, etc. according to urban planning. The Defendant, in collusion with F, intended to sell occupancy rights related to the said building to the Seoul Dongdaemun-gu Seoul and Dongdaemun-gu Seoul, even though it was not possible to grant occupancy rights to the building removed in G and Dongdaemun-gu Seoul.

1) On February 12, 2007, the Defendant against I decided to sell the right to move into the building located in Dongdaemun-gu Seoul Metropolitan Government Dongdaemun-gu Seoul Metropolitan Government with F. The Defendant introduced the above right to move into the building in sequence by J, K, and L. Ultimately, at the O certified broker office in Mapo-gu Seoul Mapo-gu Seoul National apartment complex around March 12, 2007, M would have the right to move into the national housing in Dongdae-gu Office without a mold.

This means that the defendant, who is a public official of the Dongdaemun-gu Office, is aware of the identity of the defendant, who is a public official of the Dong-gu Office, and the defendant is in the Dong-gu Seoul Dongdaemun-gu in March 2007.

arrow