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(영문) 서울고등법원 2018.09.17 2018노1024
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty portion against the Defendants is reversed.

Defendant

A Imprisonment with prison labor for not less than six years, and Defendant B.

Reasons

1. Scope of the judgment of this court;

A. Of the facts charged against the Defendants, the lower court acquitted each of the Defendants on the fraud of the Victim R Bank, S Co., Ltd. (hereinafter “Co., Ltd.”) and T Bank and U Bank, and the prosecutor did not appeal the aforementioned part.

Therefore, the above parts are separately determined as they are, and excluded from the scope of this Court.

On the other hand, the lower court dismissed the applicant’s application for compensation (which dismissed the applicant’s application for compensation (which was 12, 146, 147, 149, 150, 151, 167, 168, 169, 174) at early 2018.

Therefore, pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, an applicant for compensation cannot file an objection against the judgment dismissing an application for compensation. Thus, the case for which an application for compensation is filed is immediately determined and the rejection of the above application for compensation is excluded from the scope of adjudication of this

B. The lower court acquitted the Defendants on the part corresponding to the money stated in the attached Table 1-13 of the crime sight table in the lower judgment among the charges of violation of the Victim BS Bank, BT Bank, BU Bank, BV, BW, BY, BY, BY, Z, CA, CB card, and BB card, and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes related to BR-related Specific Economic Crimes (Fraud) and fraud, and convicted the Defendants on the remaining part.

In addition, the lower court convicted the Defendants on the charges of the victim IT, IU, and IV-related frauds of the charges of fraud, with respect to the part corresponding to the money in the attached Form No. 1234, 1284, 179 (2) of the indictment net time, and with respect to the remaining part, the lower court convicted the Defendants on the charges.

Accordingly, only the Defendants appealed against the aforementioned guilty portion as follows, and the prosecutor did not appeal against the acquittal portion of the above reasons.

In such cases, according to the indivisible principle of appeal, the part of innocence in the above reasoning is also transferred to the trial court. However, the part of innocence in the above reason is already excluded from the object of attack and defense between the parties.

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