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(영문) 서울북부지방법원 2020.10.23 2020노965
공문서위조등
Text

The judgment of the court below (excluding the part of the compensation order) shall be reversed.

A defendant shall be punished by imprisonment for three years.

the Financial Services Commission.

Reasons

1. The part of the order for compensation to an applicant for compensation filed by the court below pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the judgment below. However, even if the defendant and his defense counsel did not state the grounds for appeal regarding the above order for compensation in the petition of appeal and the statement of grounds of appeal submitted by them, and even if ex officio examination is conducted, the above part of the order for compensation cannot be revoked or modified. Thus, the part of the judgment below regarding

On the other hand, the court below rejected part of the application for compensation by the applicant for compensation, and the above applicant cannot file an objection against the judgment dismissing the application for compensation order pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Therefore, the rejection of the above application for compensation order was immediately finalized.

Therefore, among the judgment below, the rejection of the above compensation order is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Prosecutor 1) In light of the fact-finding and misunderstanding of legal principles (the fraud against the victim R, which the lower court rendered a not-guilty verdict on the part of innocence), each crime listed in the [Attachment Table 2] 3, 4, and 7] in the judgment of the lower court is specified as one person among the victims at the time when the victim made a statement of his damage, and according to the Kakao Kao Kakao messages, etc. exchanged with the victim’s personnel at the time of the occurrence of the instant case, each crime listed in the above No. 3, 4, and 7 can also be deemed as a crime committed by the Defendant.

Even if the defendant did not directly participate in each of the above crimes, such as the defendant's assertion, the defendant is against other Bosing staff.

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