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(영문) 서울고등법원 2018.12.12 2018노1811
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles)

A. According to the consistent statement of the victim with credibility of the part of the crime of fraud after the subsequent appellate trial, the fact that the defendant deceivings the court after the subsequent appellate trial as stated in the facts charged of this case, thereby deceiving the court, which is sufficiently recognized.

Nevertheless, the court below erred by misunderstanding the facts and misunderstanding the legal principles that found the Defendant not guilty of the facts charged of this case.

B. Inasmuch as “the part concerning the crime of fraud in the first instance trial” is a single comprehensive crime with “the crime of fraud in the first instance trial after the completion of the appellate trial,” the statute of limitations is underway from July 2016 when the final crime has been completed.

Nevertheless, the statute of limitations for "the crime of fraud in the first instance court" was completed on the premise that the statute of limitations for "the crime of fraud in the first instance court" was completed from February 2005 when the first instance court's judgment became final and conclusive formally.

There is an error of misunderstanding of facts and misunderstanding of legal principles.

2. Judgment on the grounds for appeal

A. The summary of the facts charged is that on May 25, 1996, the Defendant agreed to pay KRW 550 million to the Defendant by the victim C, who is one’s own female, for the payment of the agreed amount to the Defendant. Notwithstanding the fact that the injured party prepared and delivered a promissory note (hereinafter “the Promissory note in this case”) covering the victim as “in a face value of KRW 550,000,000 for securing the above agreed amount obligations,” “date of issuance”, “ issuer C (victim)”, and “I (Defendant)” (hereinafter “the Promissory Notes in this case”), the Defendant filed a lawsuit against the victim at the Government-Funded District Court around July 9, 2004, and filed an application for the service of the public notice at the request of the Defendant to receive KRW 550,000,000 for the payment of the agreed amount to KRW 550,000,000,000,000,000 following the procedure of the public notice.

After about 10 years ago, December 2014.

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