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(영문) 대전고등법원 (청주) 2014.02.06 2013노199
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment below

Part of the defendant A, C, D, and E shall be reversed.

Defendant

A 3 years of imprisonment, Defendant C, D, and E.

Reasons

1. Progress of lawsuit and scope of adjudication of this court;

A. Defendant A was prosecuted for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “Violation of the Aggravated Punishment, etc.”) and the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Special Economic Crimes”) (hereinafter “Violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the violation of the Aggravated Punishment, etc. of Criminal Proceeds Concealment (Embezzlement), the violation of the Aggravated Punishment, etc. of Criminal Proceeds Concealment, the offering of bribe, and the third-party brain delivery crime. B (hereinafter “B”) prior to remand was prosecuted for the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Co-Defendant C, D, and E was indicted for the violation of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the lower court acquitted Defendant A, C, D, and E, and found Defendant A guilty for the violation of the Aggravated Punishment, etc. of the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

B. As to this, Defendant A appealed from each part of the judgment of the court below (misunderstanding of facts and misunderstanding of legal principles as to the guilty part among the charges of violation of the Special Economic Act (Fraud), and the prosecutor appealed against Defendant A, C, D, and E (misunderstanding of facts and misunderstanding of legal principles as to the acquitted part among the charges of violation of the Special Economic Conservation Act (Fraud)) and the acquitted part on Defendant A, A, and F (or misunderstanding of facts and misunderstanding of legal principles as to the innocent part). The judgment of the court prior to remand was reversed from the conviction part of the judgment of the court below and acquitted Defendant A, C, D, and E (Fraud). The judgment of the court prior to the remand portion was reversed from the conviction part of the judgment of the court below, and acquitted each of the acquitted part of the judgment of the court below [Defendant A, C, D, and E (Fraud).

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