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(영문) 부산고등법원 (창원) 2016.10.10 2016노92
특정경제범죄가중처벌등에관한법률위반(사기)등
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The judgment below

Of them, the part against Defendant A (including the part not guilty in the reason, but excluding the part of the application for compensation order) and Defendant.

Reasons

1. The scope of the judgment of this court (Defendant A) rendered a not-guilty verdict on each of the fraud (victim P) listed in the list of crimes (9), Nos. 7, 11, 16, 17, 18, 24, 25, 28, 31, 32, and 33 as indicated in the judgment of the court below among the facts charged against Defendant A, and each of the fraud (victim AC) listed in the list of crimes (16) Nos. 1 through 10, 32, and 33 as indicated in the judgment of the court below. Since the prosecutor did not appeal against this, the portion of the non-guilty verdict in accordance with the principle of no-guilty appeal was handed down at the trial along with the convicted portion, but the part of the judgment of this court cannot be further determined (see, e.g., Supreme Court Decisions 204Do5014, Oct. 28, 2004; 2014Do3294, Oct. 29, 2014).

2. Summary of grounds for appeal;

A. Defendant A explicitly withdrawn misunderstanding of facts on the first trial date.

The punishment sentenced by the court below to Defendant A (six years of imprisonment) is too unreasonable.

B. Defendant B finally arranged the grounds for appeal as stated in the summary of the grounds for appeal as of September 6, 2016 on the sixth trial date, and the grounds for appeal, etc. stated in the previous document, are maintained only to the extent of supplement in case of supplement, and all remainder were withdrawn.

1) The lower court found the Defendant guilty of all the facts charged under the mistake of facts and misapprehension of legal principles, which erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. (A) The lower court recognized ex officio the Victim AD and AF as changing the facts charged against the Victim AD in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Victim AF without any amendment process, and did not

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