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(영문) 서울고등법원 2016.02.17 2015노1822
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. The lower court, which was subject to the judgment of this court, found the Defendant guilty on the part of “100,000,” which was “141,600,” among the facts charged in the instant case, on the ground that there was no proof of a crime, and found the Defendant guilty only on the remaining “41,600,” and found the Defendant guilty.

On the other hand, the defendant appealed the part of the guilty, and the prosecutor did not appeal the part of the acquittal for the above reasons. Therefore, the part of the acquittal for the above reasons was transferred to the court along with the remaining guilty part in the relation of the crime, but was exempted from the object of the attack and defense between the parties and was virtually excluded from the object of the trial

Therefore, the conclusion of the judgment of the court below on the part not guilty of the above reasons shall be followed, and it shall not be judged separately.

2. Summary of grounds for appeal;

A. In light of the legal principles, each of the instant fraud crimes, whose timing and contents vary, should be identified in each of the individual cases as to whether the Defendant was recruited and the content of the role sharing.

In this regard, the judgment of the court below is only explaining the general intention and conspiracy of the defendant and B, but it does not specify what role the defendant plays a role in the crime of fraud of this case.

The judgment of the court below that found the Defendant guilty of all of the fraud crimes of this case, although the Defendant cannot be recognized as a joint principal offender as to all the facts charged, since the recruitment and role sharing of the Defendant for each fraud are not specified, it erred by misapprehending the legal principles of the joint principal offender, thereby affecting

B. Of the facts charged in the instant case, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment (the specific grounds of appeal on this part of the grounds of appeal).

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