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(영문) 서울고등법원 2017.07.27 2017노666
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for five years.

Part of the judgment of the court below is not guilty.

Reasons

1. The lower court found the Defendant guilty of all of the facts charged in the instant case on the following grounds: (a) the invalidation of indication in the line of duty; (b) the fraud against H (H), I, J, and K (hereinafter “K”); (c) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against L; (d) the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against O; and (e) some of the facts charged against X were guilty; and (e) the remainder of the facts related to a single crime or a single crime were acquitted of the Defendant. The lower court found the Defendant guilty of all of the charges on the remainder of T, BG, AF, AF, AF, AV, AV, AV, AX, AX, and CF (hereinafter “China Industry Development”); (e) the forgery of each private document and the use of the said investigation document; and (e) the use of all of the special assault.

Accordingly, the defendant appealed against the guilty portion, and the prosecutor appealed against theO for each reason as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against theO, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against X, the invalidity of indication in the line of duty, and the remainder except for the fraud against I, the prosecutor's non-appeal for the invalidation of indication in the line of duty that the prosecutor did not appeal, the acquitted portion on I as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against theO, and the fraud against X is confirmed, and each reason for the non-guilty portion on the O's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against theO is excluded from the judgment of the court below, but the prosecutor does not reverse the judgment of the court below against the conclusion of the acquittal and

Therefore, the scope of the judgment of this court is not guilty and not guilty, among the parts that the court below found guilty and found not guilty, each of the reasons is not guilty as to the invalidation of indication in the line of duty, the fraud to I, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) againstO, and the fraud to X

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