logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.10.30 2015노1586
사기등
Text

The defendant's appeal is dismissed.

The judgment below

Of the facts charged in the instant case, “A victim C” on Nov. 1, 2008.

Reasons

1. The court below sentenced the defendant not guilty of the fraud of the victim C on November 6, 2008 among the facts charged against the defendant and each fraud listed in the list of crimes (2) Nos. 30, 31, and 32 of the attached Table of the judgment of the court below as to the victim D among the facts charged against the defendant, and sentenced the defendant not guilty of the part exceeding 32 million won out of the fraud of the victim P, and sentenced the defendant guilty of the remaining facts charged.

However, in light of the time interval of each crime and the method of committing each crime, each of the crime committed by the Defendant is deemed to be a single comprehensive crime committed by each victim, and the judgment below also seems to have judged each of the crime of this case as a single comprehensive crime by each victim (see, e.g., "applicable law" in Article 6 of the judgment of the court below), and the part of the above acquittal of the victim C and the victim D with the intent of the judgment can be determined by the reasoning of the judgment, and the part of the above acquittal of the victim C and the victim D with the judgment of the court below is not a separate verdict of innocence. Since it is obvious that the court below stated the part of the above acquittal in the order of the judgment of the court below is a clerical error, it shall be deleted ex

Therefore, as long as only the Defendant appealed from the conviction part of the judgment below and did not appeal all the prosecutor and the Defendant with respect to the acquittal part of the reasoning, the acquittal part of the reasoning pursuant to the principle of no appeal shall also be transferred to the trial, but it has already been exempted from the object of the attack and defense between the parties.

Therefore, the judgment of the court below should be followed with the conclusion of the judgment of the court below, and it is not judged separately.

2. Summary of grounds for appeal;

A. Regarding the fraud of the victim D, N,O, and P among the facts charged in the instant case of mistake of facts, the Defendant is above the following.

arrow