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(영문) 서울고등법원 2020.05.14 2019노2903
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. The Defendant’s defense counsel asserted misunderstanding of legal principles in the statement of grounds for appeal as of January 20, 2020. However, the Defendant’s defense counsel explicitly withdrawn the above assertion on the fourth trial of the trial court.

The punishment sentenced by the court below (three years of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal by the defendant.

The public prosecutor refers to the facts charged as changed on the third public trial date of November 12, 2019, according to the public prosecutor's application for changes in indictment as of October 17, 2019, pursuant to the application for changes in indictment as of April 22, 2020, to the defendant, according to the application for changes in indictment as of October 17, 20

Part of Paragraph 1 (Fraud Part) and Paragraph 2 (Fraud Part) of the Act on the Aggravated Punishment, etc. of Specific Crimes (Fraud Part) shall be amended as follows, and it shall be as shown in Attached Table 1 of the Act on the Aggravated Punishment, etc. of Specific Crimes in the

The number 65 through 70 as shown in [Attachment 1] 65 to 70 is added to the annexed Table 2 of the crime sight table. The annexed Table 2 of the judgment below is as shown in the annexed Table 2 of the crime sight table 2. This court applied for the amendment of the indictment. This court permitted the victim's use of the annexed Table 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud 2) to the victim I who has changed the subject of the judgment, and the victim 1 (650 E) Nos. 1 (650 E), 2 (50 E), P (135 E), Q (274E), 3 (214E), 3 (10E, 100E, Q207 and 208 (E) from among the facts charged against the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the victim I who has changed the subject of the judgment, the victim's name from Q 250 billion won or more (5050).

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