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(영문) 서울고등법원 2020.05.21 2019노1884
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty part (including the acquittal part of the reason) shall be reversed.

A defendant shall be punished by imprisonment for two years.

(b).

Reasons

1. Scope of the judgment of this court;

A. Of the facts charged in the instant case, the lower court acquitted the victim B (name before the opening of the name, and name C) on the fraud, and the prosecutor did not appeal against this.

Therefore, the part of the judgment below's acquittal is separated and finalized as it is and excluded from the judgment of this court.

B. In addition, the court below found the defendant guilty of some violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud in attached Table 29, 30, 33, 34) against the victimY among the facts charged in this case and part of the fraud against the victim W (the part in attached Table 14 through 17, 19, 21). The court below acquitted the defendant on the grounds of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud in the judgment of the court below) against the victimY (the part in attached Table 14 through 17, 19, and 21) and the fraud against the victim W (the part in the list of crimes in the judgment of the court below). The defendant appealed only for each of the aforementioned guilty parts (the error or misapprehension of legal principles and unreasonable sentencing), and the prosecutor did not appeal against the acquittal portion of each of the above reasons.

Therefore, although the part of the judgment of the court below on acquittal of each of the above reasons is judged in the trial, since it was in fact separated from the object of attack and defense by the parties, this part shall be determined in accordance with the conclusion of the judgment of the court below and shall not be judged again in the trial.

2. Summary of grounds for appeal;

A. Defendant 1) In relation to the criminal intent of defraudation or misunderstanding of legal principles, Defendant 1 is one of the following places: “One Hong Kong case,” “Kenya,” and “Duba” case, following the fact that the Defendant brought in the Republic of Korea the secret funds, gold, etc. owned by the senior personnel of the African countries, etc., and the funds and funds are actually kept.

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