특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
The guilty part and the innocent part against Defendant A shall be reversed, and this part shall be the Busan District Court.
1. Of the facts charged against Defendant A, the lower court dismissed the prosecution as to the violation of the Act on Fair Labeling and Advertising, and acquitted the victim D about the fraud, and convicted the remainder of the facts charged.
Accordingly, Defendant A appealed only to the guilty portion of the judgment of the court below, and the prosecutor appealed only to the guilty portion of Defendant A and the innocent portion of the judgment of the court below. Thus, the dismissal part of the prosecution against Defendant A was separated and finalized and excluded from the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. The punishment (one year and six months of imprisonment) sentenced by the court below against Defendant A is too unreasonable.
B. The prosecutor (i.e., the part not guilty of the Defendants in the judgment of the court below) notified the victim D of the false facts that “AH may pay the monthly interest to the extent that the Defendants could not have any financial situation to the extent that B is insufficient to pay the monthly interest at present, but AH would have been able to pay the monthly interest, and thus, AH would have been able to pay the monthly interest because it would have been directly on credit.” Although the crime of fraud is established because the victim D borrowed money due to the above deception, the court below acquitted the Defendants of this part of the charges. The judgment of the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment.
【Unjustifiable sentencing (guilty part against Defendant A in the original judgment of the lower court) The sentence imposed by the lower court on Defendant A is too unfasible and unfair.
3. We examine the grounds for appeal by Defendant A and the prosecutor ex officio as to whether Defendant A’s right to a participatory trial has been infringed prior to the examination.
A. The Act on Citizen Participation in Criminal Trials (hereinafter referred to as the “Act”).