(영문) 서울고등법원 2019.02.28 2018노2772 | 리걸엔진

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(영문) 서울고등법원 2019.02.28 2018노2772

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The part related to the fraud of the lease deposit shall be reversed.

Defendant

A Imprisonment for two years, Defendant B, and .

Reasons

1. The progress of the instant case and the scope of the court’s trial

A. Review of the progress of the instant case’s records reveals the following facts.

① On January 14, 2016, the lower court acquitted the Defendants of all the facts charged in the indictment, which consist of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the fraud related to the receipt of lease deposit.

② The prosecutor appealed the judgment of the court below on the grounds of mistake of facts or misapprehension of legal principles, and applied for changes in the indictment with respect to the Defendants before remanding.

③ On September 8, 2016, the court of first instance permitted the prosecutor’s permission to amend the indictment, reversed the judgment of the court below ex officio on the grounds of changes in the indictment, and sentenced the Defendants not guilty of both the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the changed charges related to the receipt of lease deposit.

④ The prosecutor appealed the judgment prior to remand on the ground of mistake of facts or misapprehension of the legal principle.

⑤ On October 4, 2018, the Supreme Court accepted the prosecutor’s appeal on the fraudulent part relating to the receipt of lease deposit, and reversed the above part and remanded it to this court. The prosecutor’s appeal on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was dismissed, among the judgment prior to remand.

B. According to the progress of the instant case acknowledged prior to the scope of the judgment by the court, the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to the lending of the selling price to the Defendants, which was judged not guilty prior to the remand, is separated by the dismissal of the prosecutor’s appeal, shall be excluded

Therefore, it is true.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

유사 판례

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