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The judgment of the court below is reversed.
The defendant is not guilty. The summary of the judgment against the defendant shall be published.
Reasons
1. The summary of the grounds for appeal does not coincide with the facts charged in violation of the Act on the Control of Narcotics, Etc. and the facts charged in this case, and thus the res judicata of the above final judgment cannot be deemed to affect the facts charged in this case since the facts charged in this case are not identical with the facts charged in violation of the Act on the Control of Narcotics, etc., and otherwise, the court below acquitted the facts charged in this case
2. Determination
A. The summary of the facts charged of this case and the facts charged of this case 1) The defendant, on March 28, 2008, told the victim C to sell 10 km in the Busan Centraldong (hereinafter referred to as the "Serophone") which is a raw material for the manufacture of c0 million won. However, the defendant did not have a chropid, and the victim had a mind to keep the elements and fertilizer in mind, so there was no intention or ability to sell the chropid to the victim. The defendant by deceiving the victim as above, and received 30 million won from the victim, namely, delivery of 30 million won in the name of the price of chropid, from the victim. According to the existence of the final judgment and the records of criminal facts, the defendant was sentenced to imprisonment with prison labor for violating the Act on the Control of Narcotics, etc. at the Busan High Court on September 28, 201, and the judgment became final and conclusive (hereinafter referred to as "the above facts charged of this case").
In March 2008, the defendant accepted the request from F, who is an engineer in the manufacture of phiphones, and then agreed to receive KRW 30 million from F, and sold approximately KRW 10 km of the original body.
After March 2008, the Defendant was found to have 30 million won from F in the square of the H subway Station located in the Haak-gu G in Busan, Busan, and the Defendant was found to have 30 million won from F.