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(영문) 서울중앙지방법원 2017.08.24 2017노803
사기
Text

The judgment below

Among them, the guilty part of the judgment of the court prior to the remanding of the defendants and the compensation order are reversed.

Reasons

After remanding, the trial court rendered a judgment not guilty on the part of the fraud.

On the other hand, only the Defendants were appealed, and the appellate court rendered a judgment that reversed the conviction part of the judgment before remanding.

Therefore, the scope of trial after remand is limited to the conviction part of the judgment before remanding.

The judgment of the court below citing part of the application for compensation

1. The order for compensation was issued as shown in the list of the application for compensation, and the defendants appealed, so the order for compensation was seriously transferred to the court.

The summary of the reasons for appeal is that in calculating the amount of damage claimed by the Defendants by mistake of facts, it is not clear how much the amount actually received from the victims as membership fee, and there is a part to be deducted from the amount of damage.

Therefore, when considering the following matters, the amount actually received by the Defendants from the victims is less than the amount stated in the facts charged (the court records 18: 9303 of the trial records). After the termination and deposit of membership subscription money to N Co., Ltd. and P Co., Ltd. (hereinafter “each of the instant corporations”) claiming the exclusion of the amount of money obtained by deception for the subscription money of the members refunded, the amount that is immediately terminated and the total amount of the subscription money is refunded is not damage caused by fraud, and shall be excluded from the amount of fraud.

In order to later submit the evidentiary materials and details of the amount of subscription of the member that has been terminated and refunded in terms of 9305, 18, 9305.

The court stated that the victims whose membership fee was refunded in 13145 of the trial records are 72 persons and 197,482,827 won.

This part was stated in the Reasons for Appeal Nos. 18, 9305 of the trial records, and was stated in the Reasons for Appeal No. 20, 10503 of the trial records, on the grounds of sentencing.

Accordingly, the decision of the party prior to the remand seems not to be written on the grounds of appeal.

The so-called “benent Coordinats” (total 1,533.0

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