특정경제범죄가중처벌등에관한법률위반(사기)
The defendant's appeal is dismissed.
1. The scope of a party member's trial shall be deemed as a comprehensive crime and charged as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), but the court below acknowledged the fact that the defendant acquired each money from the victim, but it is difficult to recognize the unity and continuity of the criminal's criminal intent between the crime and the crime, and since the method of the crime cannot be deemed the same, it is recognized that the fraud of each paragraph is in the relation of a substantive concurrent crime, and then, it shall be deemed that the fraud of each paragraph is in the relation of a substantive concurrent crime.
On the other hand, it is judged guilty of the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and judged not guilty of the charge of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on the ground that the fraud amount is not less than 500 million won with respect to the part of Article 2 and Article 3 (Fraud related to the business of adding additives to the automobile) of the judgment of the court below, but the charge of the violation of the Aggravated Punishment, etc.
However, only the defendant appealed against the guilty portion of the court below, and the prosecutor did not appeal against the part which was judged not guilty on the grounds. Although the part other than the conviction is judged by the principle of no appeal, the part which is judged not guilty is already separated from the object of the attack and defense between the parties, and thus, it is not possible to decide on that part as a trial (see, e.g., Supreme Court Decisions 2004Do5014, Oct. 28, 2004; 2009Do12934, Jan. 14, 2010). Ultimately, the scope of a party member's trial is limited to the part which was found guilty by the court below.
2. Summary of the grounds for appeal;