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(영문) 서울중앙지방법원 2014.02.20 2014노288
사기등
Text

Defendant A and C among the remainder of the judgment of the first instance, excluding the rejection of application for compensation and the non-guilty part.

Reasons

1. Scope of trial of this court after remand;

A. On December 26, 2012, the Defendants appealed on the fraud in Seoul Central District Court Decision 2012 Go-Ma3315, on the grounds that Defendant A and B were sentenced to a not-guilty verdict on the charge of violating the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter referred to as “the first lower judgment”), and the Defendants appealed on the guilty portion on the grounds of mistake of facts, mistake of facts (as to the acquittal portion) and unreasonable sentencing (as to the innocent portion).

B. Meanwhile, on June 24, 2013, Defendant C was sentenced to imprisonment with prison labor for one year and six months for fraud (hereinafter “the second judgment”) in Seoul Central District Court Decision 2012Da7158, and filed an appeal on the grounds of mistake of facts and unreasonable sentencing, and the aforementioned two cases were to be tried by combining them in the trial before remanding.

C. Prior to the remand, the judgment of the court of first instance reversed the defendants' conviction and the judgment of the court of second instance, each of the two years of imprisonment with prison labor for the defendant C, and the defendant A and B were found not guilty for the victim Q, Y, AV, AW, AY, AY, AZ, BB, B, B, B, ASEAN, AG, AG, BG, BG, B, B, B, B, B, B, B, B, AG, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, B, the judgment of the court of first instance on the defendant's guilty portion of the judgment of the court of first instance, and on the victim Q, Y, AV, AW, AX, AX, AD, CDD, CAO, CMD, CPE, CPE, CPE, CPE, CPE, CF, CJ, CJ, CF, CJ, CM, CJ, CJ, CJ, C&, C.

Accordingly, Defendant A and C appealed against the guilty portion of the judgment before the remand, and the prosecutor appealed against the acquittal portion, respectively, and the final appeal is the final appeal by Defendant A and C and the prosecutor.

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