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(영문) 서울동부지방법원 2016.06.23 2015노931
사기등
Text

Defendant

All appeals filed by A, Defendant B, and Prosecutor are dismissed.

Reasons

1. Scope of adjudication of this court;

A. The lower court acquitted Defendant A of the charge of aiding and abetting the fraud and aiding and abetting the fraud among the facts charged in the instant case against Defendant A, and sentenced Defendant A of a fine of KRW 15 million upon conviction of the remainder of the charges.

As to this, Defendant A appealed against the guilty portion of the judgment of the court below, and the prosecutor appealed only to the part of Defendant C (time 2) from among the part of not guilty in the attached Table 1-2 of the crime inundation against the above Defendant, but did not separately appeal for the remaining portion of not guilty.

B. Of the facts charged against Defendant B, the lower court sentenced Defendant B not guilty of the fraud of the attached Table 3-2, and sentenced Defendant B to a fine of KRW 4 million in determining the remainder of the facts charged.

As to this, Defendant B appealed against the guilty portion of the judgment of the court below, and the prosecutor did not appeal against the above Defendant.

(c)

The lower court sentenced Defendant C not guilty of the whole facts charged against Defendant C, and the Prosecutor appealed all of the charges.

(d)

Since the lower court dismissed and notified each of the applications filed against Defendant B and C among the applications for compensation filed by the applicant Hyundai Sea Commercial Reinsurance Co., Ltd., the above part was immediately determined.

E. Therefore, among the judgment below against Defendant A, the part of the judgment of the court below regarding Defendant A, excluding the part of Defendant C (the end 2) of the annexed crime list 1-2 (the end 2) and the part of the non-guilty in aiding and abetting the fraud was separated. Thus, the scope of the judgment of the court below against Defendant A is limited to the part of the conviction and the part of the fraud related to Defendant C (the number 1-2 No. 2

Defendant

The scope of the judgment of this court against B shall be limited to the conviction except for the application for compensation.

Defendant

Of the judgment of the court below against C, the scope of inquiry by this court shall apply for compensation.

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