beta
Text
The judgment below
The guilty part against Defendant A and the part against Defendant B, respectively, shall be reversed.
In this case.
Reasons
1. Summary of grounds for appeal;
A. The Defendants [the Defendants (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)] 1] The each land of this case is owned by the clan D (F) and the Defendants did not have the status of managing the affairs of the victim D clans, and did not have the intent to commit the crime of breach of trust.
Even if this part of the facts charged is found guilty, property profit is KRW 3,310,225,00, which is the combination of individual publicly notified land prices.
2) The punishment sentenced by the lower court to the Defendants is too unreasonable.
B. Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles (as to Defendant A’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes)
Even if Defendant A committed the crime, he committed the crime by sharing the act of the crime after he conspired with Q.
2) Undue sentencing (for the Defendants, the sentence imposed by the lower court on the Defendants is too uneasible and unfair.
2. Determination:
A. 1) Determination of the grounds for appeal by the Defendants is ex officio prior to the judgment on the grounds for appeal by the Defendants, i.e., ex officio.
In the first instance trial, the prosecutor changed the facts charged as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affording) among the facts charged in the instant case as stated below, and applied for amendments to the indictment with the content of adding "Article 33 of the Criminal Act" under the applicable law to Defendant B. Since this court permitted this, this part of the judgment of the court below is no longer maintained.
However, despite the above reasons for reversal of authority, the defendants' assertion of mistake is still subject to the judgment of this court, and this is examined.
The Defendants of the facts charged are victims D clans (hereinafter referred to as “component clans”).