2017Do18579 Violation of the Debtor Rehabilitation and Bankruptcy Act (the name of a crime partially recognized):

Attempted Fraud)

A

Defendant

Suwon District Court Decision 2017No1636 Decided October 20, 2017

March 13, 2018

The judgment of the court below is reversed, and the case is remanded to Suwon District Court.

1. Judgment on the grounds of appeal

Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court’s reasoning

It is justifiable to find the Defendant guilty of the conjunctive charge (excluding the part of acquittal). In so doing, the appeal is dismissed.

As alleged, the lower court erred by misapprehending the legal doctrine regarding attempted fraud, or by violating logical and empirical rules.

There is no error exceeding the bounds of the free evaluation of evidence.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, death penalty, imprisonment with or without prison labor for life or for not less than ten years.

A final appeal may be made only on the grounds of unfair sentencing. Accordingly, the Defendant’s report to the Defendant

In this case where a minor sentence is pronounced, the argument that the punishment is too unreasonable is legitimate is legitimate.

It is not a reason.

2. Ex officio determination

A. According to Article 323(1) of the Criminal Procedure Act, facts constituting an offense and evidence in the grounds for the judgment of conviction

The summary of the judgment and the application of the law shall be specified, and the reasons for the judgment of conviction shall be specified

Where any one of them is omitted, it shall affect the judgment prescribed in Article 383 subparagraph 1 of the Criminal Procedure Act.

(1) A violation of the law that affected the conclusion of the judgment and constitutes grounds for reversal (Supreme Court Decision 2010Do9151 Decided October 14, 2010)

(see, e.g., Decision)

B. According to the reasoning of the judgment below, the court of first instance ex officio on the ground of the prosecutor's modification of indictment.

The judgment of the defendant is reversed and the crime is committed on the grounds of the judgment.

It is known that only the summary of the evidence was written and omitted in the application of the law, which is the law.

The error in violation of the rate is the error.

3. Scope of reversal

Of the lower judgment, the part of the attempted fraud, which is the ancillary charge, must be reversed.

The violation of the Debtor Rehabilitation and Bankruptcy Act, which is the primary charge of the relationship with the debtor.

The judgment of the court below shall also be reversed.

4. Conclusion

The lower judgment is reversed, and the case is remanded to the lower court for further proceedings consistent with this Opinion.

We conclude that it is so decided as per Disposition by the assent of all participating Justices.

Justices Cho Jong-hee

Justices Kim Jae-tae

Justices Kim Jae-in

Justices Min Il-young in charge