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(영문) 대구고등법원 2017.01.24 2016노432
위조사문서행사등
Text

1. The part of the judgment of the court below against the Defendants is reversed.

2. Defendant A shall be punished by imprisonment with prison labor for three years and Defendant C.

Reasons

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

A. The lower court found the Defendants guilty of not guilty of interference with each business among the facts charged against the Defendants, and subsequently ordered Defendant A to be sentenced to four years of imprisonment with prison labor and three years and six years of suspension of execution with prison labor for Defendant C, respectively.

B. Judgment of the court below 1) The Defendants committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against each permanent branch of the victim bank among the judgment below (the judgment of the court below).

I. 1.c.

subsections and

I. 2.c.

A) Defendant A appealed from the judgment of the court below on the following grounds: (a) there is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (the part concerning KRW 1,315,513,927 in the judgment of the court below) (the part concerning the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the part concerning KRW 1,315,513,927 in the judgment of the court below); (b) there is a mistake or misunderstanding of the legal principles as to the violation of the Act on the Aggravated Punishment

2) Prior to remand, the trial prior to remand rejected all of the allegations of mistake or misunderstanding of the facts by the Defendants and the Prosecutor, and the prosecution’s unfair argument of sentencing by the Defendant, and accepted the unfair argument of sentencing by the Defendant A. ① Of the judgment below, the lower court reversed the guilty part against the Defendant A, sentenced the Defendant A to three years of imprisonment with prison labor, dismissed the prosecutor’s appeal as to the acquittal part of the judgment of the lower court against the Defendant A, and ② dismissed all the appeals by the Defendant C and the prosecutor

(c)

The judgment of the Supreme Court is reversed and remanded to the defendant 1) on the ground that the defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the permanent branch of the victim bank in the judgment of the court prior to the remand, on the ground that the defendant A committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement). The defendant A committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) in the judgment prior to the remand.

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