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(영문) 의정부지방법원 2018.02.13 2017노2043
사기
Text

The judgment below

Of these, the guilty part and the part concerning the victim C re-crimes Nos. 4 to 8 of the crime inundations.

Reasons

1. Of the facts charged in the instant case, the lower court found the Defendant guilty on each of the following facts: (a) acquitted each of the facts charged in the instant case; (b) acquitted each of the charges Nos. 4 through No. 8 of the List of Crimes against the Victim C; and the fraud against the Victim D; and (c) acquitted each of the facts of the fraud against the Victim C on March 2007 against the Victim E; and (b) acquitted each of the following facts: (a) acquitted each of the facts charged in the instant case; and (c) acquitted each of the facts of the fraud against the other Victim E on April 30, 2008 against the other victims; and (d) convicted each of the facts of the

Of the acquittal portion of the lower judgment, the prosecutor filed an appeal against each fraud against the victim C, the acquittal part against the victim C, and the guilty part (unfair sentencing), but did not appeal against the fraud against the victim D among the acquitted part. As such, the part concerning the victim D among the facts charged in the instant case becomes separate and definite, and excluded from the scope of the judgment of the lower court.

2. Summary of reasons for appeal;

A. The Defendant’s fraud against the victim C is recognized to have deceiving the victim C from around 2002 to around 2008 by deceiving the victim C, as described in the list of crimes in the separate sheet of crime. Since the number of crimes Nos. 1, 2, and 3 and the number Nos. 4 through 8 of the list of crimes is the same as the deception method, each crime is related to a single comprehensive crime, and it is necessary to determine whether the statute of limitations has expired at the time of the last crime.

Nevertheless, the judgment of the court below which acquitted the victim C of the fraud Nos. 4 through 8 of the list of crimes in the annexed sheet for the victim C, and acquitted the victim of the second fraud Nos. 1, 2, and 3 of the list of crimes in the annexed sheet for the crime, on the ground of the completion of the statute of limitations, is erroneous in the misapprehension of facts

B. On March 2007, with regard to the victim E, the fraud by around March 2007 against the victim E and the fraud by around March 30, 2007 against the victim, and the fraud by April 30, 2008, which was found guilty at the court below, shall be monetary for the same victim.

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