(영문) 부산지방법원 2014.01.23 2013노1112 | 리걸엔진

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2014.01.23 2013노1112

사기등

Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The court below's grounds for appeal (the embezzlement) is erroneous in the misapprehension of legal principles or by misapprehending the legal principles that acquitted the defendant with regard to embezzlement without the prosecutor's modification of the indictment although the facts charged against the defendant are identical with that of fraud and embezzlement.

B. (1) The defendant's grounds for appeal (Fraud) misunderstanding of facts were introduced to the victim through B, and the defendant connected the victim and HH in relation to removal and transplantation of trees, and the defendant received KRW 15 million in the process, such as business promotion expenses, etc. in the process, and even though the actual principal offender of the crime of this case was B, the court below found the defendant guilty of fraud among the facts charged of this case, thereby affecting the conclusion of the judgment.

B. The sentence of the lower court on the ground of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. We examine the facts charged by the prosecutor prior to the ex officio judgment and the defendant's reasons for appeal. The prosecutor changed the facts charged of embezzlement part against the defendant in the trial of the court below to the effect that "the defendant defrauded the victim E with the sum of KRW 80,000,000 in the name of commission and deposit in connection with the contracting of trees," and the name of the crime stated in the first indictment to be "Fraud" and Article 355 (1) of the Criminal Act to change the applicable provisions into "Article 347 (1) of the Criminal Act" and "Article 347 (1) of the Criminal Act" to "Fraud" and the written opinion submitted by the prosecutor prior to the trial of the court, and the judgment of the court below was changed to that effect. Thus, the part of the judgment of the court below as to the defendant is no longer maintained.

B. The Defendant, through the revised charges, was the victim around June 2009.

참조조문

-형법 제347조 제1항

-형법 제355조 제1항

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