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(영문) 서울고등법원 2013.06.27 2013노1283

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty part against Defendant A and the issuance of the letter of guarantee on May 8, 2009.

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. 1) The prosecutor in the lawsuit filed a public prosecution against Defendant A for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation), and against Defendant D for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation). 2) The lower court found Defendant A guilty for the violation of the part of the charges on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “the fraud part”) in the charges on the A, and acquitted Defendant A for the violation of the Act on the A, etc. of Specific Economic Crimes (hereinafter “the first loan”) related to the 730 million won loan from the new bank from April 30, 209 (hereinafter “the first loan”) (hereinafter “the first loan fraud part”), and found Defendant A not guilty for the violation of the Act on the A, etc. of the A, 237,500,000 won guarantee (hereinafter “the second loan”) related to the A, 300,0000 won loan (the second trust part).

The entire innocence was pronounced, and the prosecutor was the defendant.