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(영문) 부산지방법원 2013.10.29 2013노1506
사기등
Text

1. Of the part concerning the accused's accused case, the judgment of the court below Nos. 1-14, 42.

Reasons

1. The contents of the judgment of the court below and the scope of the trial

A. The guilty portion of the judgment of the court below and (i) the acquitted portion of the charges of this case against the Defendant are as indicated in Table 1 of the List of Crimes, 97 of the judgment below, among the 110 copies as stated in Table 1 of the List of Crimes, and the forgery of each private document, and the display of a falsified document, and the obstruction of the performance of official duties,

(2) Of the total of 109 frauds listed in Schedule 2, the number of offenses listed in Schedule 2 is as listed in Schedule 2 of the judgment of the court below.

③ The Defendant was convicted of two frauds related to the two fuel subsidies to the Busan Southern-gu Office, ④ frauds for the Victim A Q, and ⑤ each offender attempted to commit a crime.

B. Meanwhile, the court below held that among the facts charged in this case, the 13 cases of the judgment below are as indicated in the list of crimes Nos. 1-1 of the crime sight table 1, among ① the forgery of each private document, the use of a falsified investigation document, and the obstruction of the execution of justice

(2) Of the frauds listed in attached Table 2, 86 of the lower judgment are as listed in Table 2-1 of the inundation of Offenses.

In the judgment of the court, the court found the victim not guilty of the violation of the Act on the Management of Subsidies, etc., and found the defendant not guilty on the ground that the violation of the Act on the Management of Subsidies, etc. was not proven. However, the court found the victim guilty of two frauds against the Busan Southern-gu Office.

B. With respect to the above judgment of the court below as to the scope of the trial of the party and the grounds for appeal, the entire judgment of the court below became the object of the trial of the party, as the defendant filed an appeal only with respect to “the part of the crime,” which is the benefit of the appeal, while the prosecutor filed an appeal

However, among the portion not guilty in the judgment below based on the grounds of appeal submitted within the deadline, the prosecutor's act of forging each private document, and the act of obstruction of the performance of official duties as well as the act of forging each private document under the No. 42, 44, 45, 46, 58, 59, 59, 71, 94, 97, and 106 in the attached Table 1-1 of

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