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(영문) 서울고등법원 2015.02.04 2014노2505
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles and convicted Defendant A and the misunderstanding of the legal principles, although Defendant B did not have conspired to commit each of the crimes in this case with Defendant A.

B. The sentence imposed by the court below on the Defendants is too unreasonable.

2. Determination

A. In the facts charged at the trial of the court, the ex officio determination prosecutor applied for amendments to Bill of Amendment to the indictment from July 25, 2012 to "the victim SP Co., Ltd. of the victim's operation" in paragraph (4) of the facts charged, and from July 25, 2012 to November 12 of the same year, "after deceiving the victim, the victim," respectively, to "from July 25, 2012 to the victim from July 25, 2012 to the above victim's ownership". Since this court permitted this, the judgment of the court below is subject to its adjudication, the reversal of the judgment below becomes impossible.

B. Determination of the mistake of facts and misapprehension of legal principles regarding Defendant B’s assertion 1) also asserted the same purport as the grounds for appeal in the lower court. The lower court stated to the effect that: (a) Defendant A made a consistent statement that Defendant A conspiredd to commit each of the crimes in its judgment with Defendant B from the investigation stage to the present court (the credibility is recognized in light of the background, content, consistency, etc. of the statement); and (b) Defendant J and H also made a statement that Defendant B was operating G as the chairperson of G (G’s representative director) (the H, who worked in G as the representative director, was determined by Defendant B’s permission on his employment and remuneration, etc., as well as that Defendant A made a statement to the effect that Defendant A reported the business situation,

(3) Defendant B, with the name of the president of G, used G’s automobile, and invited the church members of G to open the G. (4).

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