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(영문) 제주지방법원 2012.06.21 2011노569
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds of appeal reveals that: (a) on August 19, 2009, the Defendant was in legal dispute with the Defendant on charges of embezzlement, etc.; (b) it is difficult to believe the Defendant’s statement in the above case; and (c) D also includes the Defendant’s injury to himself on June 27, 2009; (c) upon the investigation at the time of the complaint and the above accusation, the Defendant did not make any statement on the fraud of the instant case; (d) upon D’s accusation, the statement made on August 26, 2009 stating that it was possible to file a complaint by assaulting the Defendant at the time of the destruction of the instant vehicle; (d) on the grounds that the Defendant used the instant vehicle for destruction of the instant vehicle, the lower court reversed the Defendant’s statement on the grounds that it was not erroneous in misunderstanding the location of the instant vehicle, and (e) on the grounds that the Defendant’s testimony made on the grounds that he did not destroy the instant vehicle, but did not have any error in the lower court’s judgment.

2. Determination

A. The ex officio judgment prosecutor applied for the amendment of the indictment to the "16:00 on March 5, 2009" to the "16:00 on March 5, 2009" to the "16:0 on the same day" to the "16:0 on the following day," which is third in the facts charged in the trial at the trial, and the judgment of the court below is no longer maintained since the above court permitted the amendment and decided the amendment.

B. The judgment of the court below on the grounds of appeal.

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