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(영문) 광주지방법원 2019.02.13 2018노1601
사기등
Text

The part of the judgment of the court of first instance excluding the dismissed part of the application for compensation and the judgment of the court below 2 and 3 shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles: (a) the Defendant did not know that the bank account lent to a person who was unaware of his name was used for the crime of Bophishing fraud; (b) cannot be deemed as aiding and abetting the crime of fraud by a person who was unaware of his name; and (c) the victim BA transferred money for the purpose of sexual traffic, etc., which constitutes violation of Article 103

Even though the defendant's account was found guilty only for the amount deposited in the defendant's account, the judgment of the court below convicted all the charges of this case. Thus, the judgment below erred by misunderstanding of facts or misunderstanding of legal principles

(2) The defense counsel's opinion, etc. submitted after the lapse of the deadline for appeal shall be determined within the scope of supplement in case of supplement in the grounds for appeal, and no separate decision shall be made as to the assertion not stated in the grounds for

The sentencing of the judgment of the court below on unreasonable sentencing is too unreasonable.

2. Determination

A. We examine ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

The first, second, and third court sentenced the defendant to each punishment after completing separate hearings against the defendant by the Gwangju District Court 2018 High Court 2018 High Court 140, Gwangju District Court 2018 High Court 2018 High Court 2632, and the same court 2018 High Court 3439. The defendant filed each appeal against the judgment below, and the court decided to jointly deliberate the above appellate case. The judgment of the court below should be sentenced to a single sentence within the scope of a single sentence for concurrent crimes under the former part of Article 37 of the Criminal Act in relation to concurrent crimes under Article 38(1) of the Criminal Act. In this regard, the judgment of the court below cannot be exempted from all reversal.

revised facts charged (Article 2018No1601) (2)

2. Criminal facts;

(a)the Enterprise Bank;

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