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(영문) 서울고등법원 (춘천) 2018.07.23 2017노149
특정경제범죄가중처벌등에관한법률위반(배임)등
Text

Among the non-guilty portion of the judgment of the court below against the defendant, the Specific Economic Crimes shall be aggravated.

Reasons

1. Progress of judgment and scope of judgment of this court;

A. The court below found the defendant guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort), violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (af for fraud), occupational breach of trust, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) and violation of occupational breach of trust among the charges of fraud. The court below sentenced the defendant not guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) due to mortgage creation and violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) due to transfer of ownership, and acquitted of each violation of the Act on the Aggravated Punishment

2) As to this, the Defendant appealed on the guilty part of the lower judgment on the grounds of misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of sentencing, and the Prosecutor appealed on the grounds of unjust sentencing and misunderstanding of legal principles as to the acquittal of the lower judgment’

3) Prior to remand, the first instance court accepted the Defendant’s grounds for appeal and reversed the guilty portion (including the portion not guilty on the grounds of appeal) among the judgment below, and sentenced the Defendant not guilty of each of the facts charged in this case as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (

4) The prosecutor appealed on the ground of misunderstanding of the legal principles. The Supreme Court accepted the prosecutor's appeal in part before remanding the case, and rendered a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) due to the transfer of ownership among the judgment of the party prior to remand, thereby misunderstanding the legal principles on property

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