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(영문) 대전고등법원 (청주) 2014.12.11 2014노48
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant

B Imprisonment with prison labor for one year and for two years, each of the defendants A shall be punished by imprisonment.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor, such as prosecutor - Defendant A’s statement of misunderstanding of facts, the judgment of the court below which acquitted Defendant B of the facts, even though it is sufficiently recognized that Defendant B conspired to commit each crime, such as selling the product “J” manufactured by mixing milk with milk at 100% and by deceiving the sales proceeds amount, etc.

B. Defendant A1) misunderstanding of facts and misunderstanding of legal principles H (hereinafter “H”).

(2) The court below found Defendant A guilty of the facts charged in the instant case on the following grounds: (a) the Defendant made a product of “J” on the Triday, Triday, and Triday; (b) among them, there was a lack of raw milk in mountain, thereby mixing milk. However, the facts charged in the instant case was prosecuted with the total sales amount of the instant product during the pertinent period by deceitation; (c) the sales amount of the “J” which is not mixed with milk; and (d) the evidence submitted by the prosecutor alone alone does not specify the sales amount of the “J” product; and (e) the court below found Defendant A guilty of the facts charged in the instant case by mistake of facts or misapprehension of legal principles.

2. Ex officio determination

A. With respect to the fraud of the defendant A in the trial of the court and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant B, the prosecutor below.

As stated in the claim, the facts charged are added (the name of the crime of the ancillary charge against Defendant B is referred to as "Fraud"), and the part of the last sentence of Paragraph (2) of the main facts charged “the acquired it on or around June 2010,” which was manufactured by mixing the milk as above, was supplied to 10,381,830 won to the Home Puler Co., Ltd., Ltd., the product of the “J” manufactured by mixing the milk with 100% until December 2010.

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