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The judgment below
Among them, the part of conviction against the Defendants (including the part of acquittal in the reason) shall be reversed.
Defendants.
Reasons
1. The court below found the Defendants not guilty of the charge of occupational embezzlement of KRW 10 million on January 2, 2013, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim I Bank, violation of the Framework Act on Construction Project of Defendant B, violation of the Framework Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Defendant B, and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against Defendant A, Defendant A’s fraud, and violation of the Labor Standards Act. The court below acquitted the Defendants of each of the charges of this case, and acquitted them of the charge of violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) as stated in the attached Table 3 of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The court below acquitted the Defendants of this part of the charges, and acquitted them of this part.
(b) the occupational embezzlement of this subsection;
In the case of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the judgment of innocence was not rendered separately.
Each determination was made.
As to this, the Defendants filed an appeal against each guilty part of the judgment below, and the prosecutor filed a petition of appeal to the effect that they appealed to the whole judgment of the court below. In the grounds of appeal filed by the prosecutor on November 6, 2017, the Defendants did not contain the grounds of appeal against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against C on May 31, 2013 and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the attached Table 3.
On May 3, 2018, the prosecutor did not appeal the part of acquittal of the reason for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the attached Table 3 on the second trial date of this court, but appeal against the acquittal of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against C on May 31, 2013.