beta
Text
The judgment below
The acquittal portion shall be reversed.
Of the facts charged in the instant case, each of the frauds against the victim G.
Reasons
1. Summary of grounds for appeal;
A. The defendant (the part of the crime: the fraud of the victim M) (1) The defendant had no intention to deceive the victim M or to defraud the money as stated in the judgment of the court below.
(2) The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.
B. In light of the fact that the prosecutor (not guilty part: fraud of the victim E) received a direct investment proposal from the defendant and consistently states that the victim E has invested in the defendant after receiving the repayment of the claim from G, etc., the defendant can fully recognize the fact that the defendant deceivings the victim E to obtain the investment money, etc. of this case.
(2) If the lower court determined that the victim was “G” rather than “E,” it should ex officio recognize the victim as G in this case where the basic facts of the facts charged are the same and sentence him/her guilty.
2. Judgment on the acquittal portion
A. On the three-time trial day prior to the remanding of the case, the prosecutor made an application for permission to change the victim from E to G as stated in the following 2-b with respect to the fraud of E, which was found not guilty in the lower court, among the facts charged in the instant case, and the court of the first instance after the remand permitted the change, thereby changing the subject of the judgment. The lower court’s judgment on the changed subject of the judgment was no longer maintained.
However, as seen below 2-B, as long as the above changed facts are acquitted, the guilty part of the judgment of the court below, which is a separate crime, is not subject to the reversal of official authority, and the defendant's mistake of facts and the assertion of unreasonable sentencing are examined separately in the following 3-B.
나. 변경된 공소사실에 대한 판단 (1) 변경된 공소사실의 요지 ㈎ 피고인은 2009. 5. 1.경 서울 강남구 이하 불상의...