(영문) 서울고등법원 2020.04.23 2019노2092 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2020.04.23 2019노2092

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment of the court of first instance (excluding the rejection of an application for compensation) and the third and fourth of the judgment of the court of second instance.

subsection 2. of this subsection.

Reasons

1. Where an appeal against a judgment of conviction in the scope of a trial by this Court is filed, the confirmation of a compensation order shall be prevented, and a compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). In addition, no appeal may be filed against the judgment dismissing the application for compensation;

(Article 32(4)1 and 2 of the same Act, the court below rejected each application for compensation of T and Y, which is an application for compensation, and cannot file an objection to this part. Thus, each dismissed part shall be excluded from the scope of the adjudication of this court.

In addition, the third court below accepted the application for compensation B by the applicant for compensation, and the defendant did not assert the grounds for appeal regarding the cited part of the order for compensation of the third court judgment, and even if ex officio is examined, the grounds for cancelling or changing the cited part of the judgment of the third court cannot be found. Thus, the cited part of the judgment of the third court is maintained as it is.

2. Summary of grounds for appeal;

A. If the purpose of the filing is achieved due to the postponement or suspension of the auction or public sale of the BU apartment project in South Korea, where the victim proceeded, the Defendant and the victim T were to use the victim’s money, even if they used the money, they did not raise any objection and subsequently settle the case. Therefore, it cannot be deemed that the Defendant had the intention of deceiving the victim.

With respect to the grounds for ex officio examination, the court of appeals shall judge without any need to examine whether the grounds for appeal are submitted or whether the grounds for appeal are included in the statement of grounds for appeal, but with respect to any grounds that are not the grounds for ex officio examination, it shall be limited to cases where the grounds for appeal are stated in the petition of appeal or are included in the statement of grounds for appeal submitted within the prescribed period, and

참조조문

-소송촉진 등에 관한 특례법 제33조 제1항

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