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(영문) 춘천지방법원 2018.08.24 2017노64
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Defendant of the Prosecutor.

Reasons

1. The summary of the grounds for appeal is that the victims of the instant case were aware of the following facts: (a) the Defendants heard the phrase “to obtain permission to cut standing timber”; (b) paid approximately KRW 100 million expenses; (c) failed to obtain permission to cut standing timber; and (d) did not know that there were co-owners of the said land; and (b) whether the victims could obtain permission to cut standing timber at the time of the purchase and sale contract; and (c) so, the lower court acquitted the Defendants of the facts and misapprehension of the legal doctrine

2. On May 14, 2018, prior to the judgment on the grounds of appeal by the prosecutor ex officio, the prosecutor maintained the previous facts charged that the Defendants conspired to commit fraud as the primary charges and received KRW 27 million by deceiving the victim alone, and delivered KRW 4 million to a third party. On May 23, 2018, the court applied for the amendment of an indictment to the effect that this court permitted this on May 23, 2018, and changed the subject of the judgment against Defendant A. Meanwhile, on April 4, 2018, the prosecutor corrected the “the forest of this case” of “a considerable part of the forest of this case” and “the location of the forest of this case” of “the forest of this case was located” as “the preliminary charges.”

As examined below, as long as the court rendered a not guilty verdict of this part of the facts charged and found a guilty guilty of the facts charged added in preliminary, the judgment of the court below that only the facts charged in the previous primary facts charged can no longer be maintained.

However, the judgment of the court below has the above reasons for reversal.

However, the prosecutor's assertion that the additional charges of preliminary charges are erroneous.

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