사기등
The judgment below
The dismissal part of the public prosecution shall be reversed.
The defendant is not guilty of violating the Electronic Financial Transactions Act.
1. According to the records of the trial scope of the party trial, the prosecutor prosecuted the defendant as concurrent crimes of violation of the Electronic Financial Transactions Act by taking over the means of access, such as the cash card under the name of another person, in collusion with the Chinese telephone financial fraud group, and under the instructions of his accomplice. The court below found the defendant guilty of each of these fraud, and sentenced the defendant to suspended execution three years of imprisonment, confiscated evidence No. 259, probation, and community service order for 200 hours in one year and six months, but it is difficult to find the remainder of each violation of the Electronic Financial Transactions Act to be specified in the facts charged. The defendant did not appeal against this, and only the prosecutor filed an appeal against the dismissed part of the judgment below on the ground of misapprehension of legal principles.
Therefore, the part of the above conviction which the defendant and the prosecutor did not appeal is separated and confirmed by the expiration of the period of appeal, and the scope of the trial at the court below is limited to the dismissal of the above public prosecution among the judgment below (see, e.g., Supreme Court en banc Decision 91Do1402, Jan. 21, 1992; Supreme Court Decision 2010Do10985, Nov. 25, 2010). This part is the subject of the trial at the court below.
2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the facts charged as to the dismissal of public prosecution in the judgment below, and applied for amendments to a bill of amendment of indictment with regard to the amendment of the indictment as stated in the following 1. The subject of the judgment by this court was changed by permission. In this regard, the part concerning the dismissal of public prosecution in the judgment below cannot be maintained any more.
3. In conclusion, the dismissal of prosecution among the judgment below is subject to the above ex officio reversal. Thus, without examining the prosecutor's grounds for appeal, the judgment of the court below is subject to Article 364 (2) of the Criminal Procedure Act.