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(영문) 서울고등법원 2020.01.10 2019노1283
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Of them, the remainder of the guilty part, excluding the dismissal of prosecution against Defendant A, and the punishment against Defendant B.

Reasons

1. Of the facts charged against Defendant A, the lower court dismissed the prosecution as to “each fraud against Defendant D and E (the first instance judgment No. 101, 1252, 1375, 1540, 1548, 2469, 2582, 3214, 3378, 3629, 3989, 4183, 4390, 4411, 4786, 5040, 514, 613, 6319, 6858)” and convicted Defendant B of fraud against “Defendant B” (the second instance judgment No. 1011, 1540, 3378, 3148, 4515, 3619, 4585, 3615, 47, 4815, 3615, 4615, 46815, 47

As to this, the Defendants appealed on the grounds of unfair sentencing as to the guilty portion of the lower judgment’s conviction against the Defendants, and the Prosecutor appealed on the grounds of unfair sentencing as to only the remaining guilty portion except the exemption portion from punishment and the dismissal of prosecution as to Defendant B. As such, the aforementioned dismissal portion of the Defendant’s prosecution against Defendant A, the exemption portion from punishment as to Defendant B, and the dismissal portion was separated and finalized with the intention of each appeal period.

Therefore, the scope of this court's judgment against the Defendants is limited to the remainder except the aforementioned separate and finalized parts, that is, the remainder of conviction except the part of dismissal of prosecution against Defendant A among the judgment below, the part of exemption from punishment against Defendant B, the remainder of conviction except the part of dismissal of prosecution, and the part on Defendant C.

2. Summary of grounds for appeal (unfair sentencing)

A. Each sentence (10 years of imprisonment, 4 years of imprisonment, 1 year of imprisonment and 7 years of imprisonment) sentenced by the court below to the Defendants is too unreasonable.

(b)a prosecutor;

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