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(영문) 서울고등법원 2020.08.20 2019노1643

특정경제범죄가중처벌등에관한법률위반(사기)등

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Of the judgment of the first instance, the guilty part against the Defendants (including the acquittal part in the grounds) and the second judgment are all rendered.

Reasons

1. Scope of the judgment of this court;

A. The first instance court acquitted the Defendants of each fraud against the victim E, and the prosecutor did not appeal against this.

Therefore, among the judgment of the first instance, each of the above innocence parts shall be excluded from the judgment of this court because it is separated and finalized.

B. In addition, the first instance court found the Defendants not guilty on the grounds that the Defendants committed fraud against AE as indicated in the list of crimes (1) Nos. 348 of the first instance court's decision, which was 349, 351, and 354 of the same list, the fraud against AF of the victim as indicated in the above list Nos. 350 of the same inundation, the fraud against the victim T. 350 of the crime list (3) of the first instance court's decision, and the violation of the Act on the Regulation of Unauthorized Receipt of Goods to Victims AE, AF, T and E, 388 through 391 of the victim's crime list (1) of the first instance court's judgment, which was 268, 343 of the Defendants' comprehensive crimes, were not guilty, and the prosecutor found the Defendants guilty of the crime of fraud against AE of the victim, No. 136, 136 and No. 220 of the same list, and the reasons for appeal No. 351 of the victim's.

Therefore, the part of the judgment of the court of first instance excluding the part on victim AF among the part on acquittal of each of the above reasons excluding the part on victim AF , is judged to the court of first instance, but is in fact separated from the object of attack and defense by the party, so this part is subject to the conclusion of innocence of the judgment of the court of first instance

2. Summary of grounds for appeal;

A. The prosecutor (the first original judgment) 1) misjudgments of facts (the fraud against the victim AF as set out in No. 349, 351, 354 No. 354 in the crime sight table (1) in the judgment of the first instance court).