사기등
The defendant's appeal is dismissed.
1. The scope of the trial at this court brought a lawsuit to the effect that “the defendant is a person working as the head of the insurance division of the victim U.S. (hereinafter “victim’s association”)”; “the defendant is a person who has been employed as the head of the insurance division of the victim U.S. (hereinafter “victim’s association”) or who has been electronically registered as the defendant, such as the list of crimes, by falsely registering the recommended employee from the beginning through false registration as the defendant as the same as the list of crimes list (the fraud means the fraud); the defendant is remitted and defrauded KRW 29,81,575 in total on 241 occasions in total; and the prior records are changed and exercised at least 61 times in total (the use of each falsified electronic document and each changed electronic electronic document); from June 2, 2014 to January 7, 2015, the defendant embezzled expenses of KRW 2,103,000 in total while working for three times.”
In this regard, the court of first instance judged not guilty of any part of the facts charged, and dismissed the public prosecution, and convicted only of the remainder.
Therefore, only the defendant appealed against the judgment of the first instance court, and since the part of the charge of fraud which was found guilty in the judgment of the first instance and the charge of fraud which was judged not guilty or not guilty is a blanket crime, the above not guilty or dismissed part of the prosecution is also transferred to the trial of the first instance along with the guilty part.
However, as long as the prosecutor did not appeal the part of acquittal or rejection of prosecution as above, the above part of innocence is in fact separated from the object of attack and defense between the parties, and thus, it cannot be judged again in the trial.
In addition, in the judgment of the court of first instance, the part concerning facts charged concerning the alteration of each electromagnetic record, etc., which is judged not guilty or dismissed, and the exercise of each different electromagnetic record, is not appealed by the prosecutor.