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(영문) 서울고등법원 2018.12.06 2018노2072
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The part of the judgment of the court of first instance against the defendant and the part of the judgment of the court of second instance against the defendant shall be reversed.

Defendant .

Reasons

1. Progression of litigation and scope of adjudication of this court;

A. 1) Of the instant facts charged, the lower court acquitted the Defendant on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by deceiving KRW 1.3 billion, and convicted the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to investment money and the fraud related to promissory notes, and sentenced the Defendant to three years of imprisonment. The lower court found the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and sentenced the Defendant to three years of imprisonment. The lower court found the Defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Crime 2017

2) On the grounds that the Defendant’s judgment prior to the remanding of the case was erroneous as to the conviction portion of the first instance judgment, and that the Defendant’s judgment was erroneous as to the conviction portion of the second instance judgment, and that the Defendant’s judgment was erroneous as to the conviction portion of the second instance judgment, the Prosecutor appealed from the judgment of the lower court on the grounds of misconception of facts and misapprehension of legal principles as to the acquittal portion

Before remanding, the court below accepted the prosecutor's appeal as to the violation of the Act of the Specific Economic Crimes (Fraud) among the judgment of the court below of the second instance, along with the reasons for reversal ex officio, and rejected the prosecutor's remaining fact-misunderstanding, misunderstanding of the legal principles, and the Defendant's assertion of mistake. Of the judgment of the court below, the part of the judgment of the court of first instance as to the Defendant among the judgment of the court below was reversed, and the part as to the Defendant among the judgment of the court below of second instance as to the violation of the Labor Standards Act No. 1, No. 3, and the violation of the Labor Standards Act of 3, and the Guarantee of Workers' Retirement Benefits Act

3) As to the judgment of the Supreme Court remanded, only the Defendant appealed against the conviction of the judgment of the court of first instance prior to the remand, and the prosecutor did not appeal (i.e., KRW 1., KRW 1.3 billion from the judgment of the court of first instance).

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