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1. Of the lower judgment, Defendant A’s judgment No. 2016Da1376-d-1.
The crimes of paragraphs (1), (2), and (3) shall be respectively.
Reasons
The court below found Defendant A guilty of each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim S, T, X, AB, and each fraud against the victim N, and found Defendant A guilty of part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victimO, and acquitted the rest of the part in the judgment, and acquitted the victim AK (hereinafter referred to as "AK") in the case of fraud against the victim AK (hereinafter referred to as "AK"), the judgment of the court below (excluding the "attached Form 3" in this judgment; hereinafter referred to as "attached Form 3") 5, 1, and 2 of the list of crimes, and 3 of the No. 1, 3 of the judgment of the court below, was acquitted.
Defendant
A appealed to the part that the court below found guilty, and the prosecutor appealed to the acquittal of the reason among the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victimO. As such, the part No. 5 No. 3 of the attached Table No. 3 among the frauds against the victim AK of the defendant A will result in the failure of the defendant
In such a case, the part of innocence is also pending in this court in accordance with the principle of non-guilty appeal. However, this part is already out of the object of the trial and is virtually out of the object of the trial (see, e.g., Supreme Court Decision 90Do2820, Mar. 12, 1991). Ultimately, among the frauds against Defendant A’s victim A K, the part of the facts charged in the attached Table 3 No. 5 No. 3 among the facts charged against Defendant A’s fraud falls within the scope of the trial of this court, but this court cannot re-examine and render a judgment on
The court below found the victim AB and AG guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged against Defendant B, and acquitted the victim AK of fraud.