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(영문) 서울고등법원 2015.09.25 2015노1570
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All convictions against Defendant A in the judgment of each court below shall be reversed.

Defendant

A shall be punished by imprisonment for nine years.

Reasons

1. Termination of judgment on the first instance judgment and the scope of judgment on this court among the first instance judgment; and

A. 1) The prosecutor has instituted a public prosecution against the defendant A regarding the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Bribery) and the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Proof, etc.), the forgery of securities, and the exercise of forged securities. The court below found the defendant guilty as to the whole of the facts charged, and sentenced the above defendant to be sentenced to 11 years and confiscation. 2) The defendant appealed against the above judgment on the grounds of mistake of facts or misapprehension of legal principles and unfair sentencing. The judgment prior to the remand was accepted in the above defendant's assertion of mistake of facts

5. As to the part of the judgment below, the defendant A appealed on the grounds of misapprehension of the legal principle and incomplete hearing as to the part of the judgment below, on the grounds of not guilty, and the prosecutor sentenced the above defendant 9 years of imprisonment and the sentence of confiscation. 3) As to this part of the judgment below, on the grounds of misapprehension of the legal principle and incomplete hearing, the defendant A appealed on the part of the judgment below. The Supreme Court accepted the appeal by the above defendant, and reversed the conviction part of the judgment below prior to remand to the defendant A constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the convicted part of the judgment prior to remand to the defendant. However, the above part of the judgment below and the remaining guilty part are concurrent crimes under the former part of Article

The prosecutor's appeal on the acquittal portion was dismissed while returning it to the court of the trial.

B. B. The party members are remanded before they are remanded.

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