(영문) 서울고등법원 2013.06.20 2012노3798 | 리걸엔진

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(영문) 서울고등법원 2013.06.20 2012노3798

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Of the judgment of the court of first instance, the part against Defendant L and the judgment of the court of second instance against Defendant A are all reversed.

Reasons

1. Summary of grounds for appeal;

A. The written opinion on the application for changes in indictment filed by Defendant L’s defense counsel on February 4, 2013 after the deadline for submitting the grounds for appeal of mistake or misapprehension of legal principles, and the written summary of the oral argument as of April 9, 2013, the written summary of the oral argument as of May 7, 2013 by Defendant A’s defense counsel, and the written opinion of the defense counsel as of March 12, 2013 by Defendant N’s defense counsel submitted within the above deadline shall be determined to the extent that each of the grounds for appeal by the said Defendants’ defense counsel

For the following reasons, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment on the Defendants’ conviction or acquittal of all or part of the facts charged in this case.

1) Defendants L. (A) Defendant L. (1) 24-27 each “certificate of the purchase of U.S. duty-free petroleum from usfk in Korea” (hereinafter “certificate of the purchase of U.S. duty-free petroleum from usfk” is limited to “conphone”; hereinafter “certificate of the purchase of U.S. duty-free petroleum from usfk” is referred to as “conphones” if the remaining conphones except 29,30 out of the total conphones in the above list of crimes (1). Where it is necessary to specify the individual conphones in the above list of crimes (1), the testimony is indicated only once the year of the above list of crimes (1)), which is the main evidence of the conviction of Defendant L. 1, it is difficult to believe that the testimony of E, which is the main evidence of the conviction of Defendant L, is likely to undermine Defendant L.

There is no act of disposal by mistake by the gas stations in this part, and ③ Defendant L does not constitute a deception of fraud to issue this part of the coophones, and ④ The amount of the tax refunded to the entire amount of the refund shall not be determined as the amount of profit without excluding the initial amount of issuance.

B. The acquisition by deception to Defendant A.

유사 판례

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