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The judgment below
The acquittal portion shall be reversed.
Of the facts charged in the instant case, the charge of fraud is acquitted.
Reasons
1. In full view of the evidence submitted by the prosecutor to the summary of the grounds for appeal, although the court below acquitted the Defendant of the fraud among the facts charged of this case where the Defendant by deceiving the victim with regard to the establishment of the credit, he/she could fully recognize the fraud of KRW 29 million, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.
2. Prior to the judgment on the ground of ex officio appeal following the amendment of indictment, the prosecutor applied for the amendment of indictment to the effect that the prosecutor changed the facts charged in the instant facts charged as stated in the separate sheet, and the subject of the judgment was changed by this court’s permission. As such, the judgment of the court below as to the fraud among the facts charged in the instant case cannot be maintained any longer.
3. Accordingly, the judgment of the court below is reversed as to the acquittal portion of the judgment below under Article 364 (2) of the Criminal Procedure Act (the fraud part of the facts charged in this case) on the ground of ex officio reversal, and it is again decided as follows.
As to the fraud of the facts charged in the instant case, the judgment
1. The summary of the fraud among the facts charged in the instant case is as shown in the attached Form.
2. Determination
A. As to the above charged facts alleged by the Defendant, the Defendant received the cost of issuing the credit from G and delivered the cost of opening the credit to L, an importer in Brazil, as originally planned with G, while requesting the issuance of the credit. L, while proceeding for the issuance of the credit, demanded that the Defendant and G issue a false credit, and actually, demand the Defendant to deliver a normal shipment of goods on the ground that it is doubtful that the goods will actually be loaded and sent. On the other hand, the Defendant demanded the provision of personal or physical security, and the Defendant requested G to provide a security.