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(영문) 서울고등법원 2017.07.21 2017노269

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Of the judgment of the court of first instance, the part of conviction (including acquittal of reasons) and 2.

Reasons

1. Summary of grounds for appeal;

A. Defendant A) Defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim U.S. for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) shall pay the victim U.V. the remainder of the goods after settling the account with the bill “or to supply the heating apparatus distribution business through R” to the victim U.V.

There is no word "no".

There was no intention of fraud.

There was no supply of 13,304 heating units equivalent to 754,405,700 won from the victim U.S.

B) The Defendant A’s embezzlement against the Victim A does not have a consignment relationship with the Victim A with respect to the check at the face value of KRW 100 million.

Even if the defendant A disposes of that check, it does not constitute embezzlement, apart from the fact that the crime of custody of stolen goods is established.

Defendant

A is not a kind of embezzlement, because A did not deliver a check for the repayment of the existing goods price to AE corporation, there was no embezzlement, and there was no intention of embezzlement or illegal acquisition.

C) Defendant A would pay the steel price to the victim AE employees BA on the last day of the following month.

“.......”

Since the victim provided sufficient security to AE, BA was not deceiving.

There was no intention of fraud.

D) The Defendant A attempted to pay the price for the goods to the Victim BF upon receiving the price for the goods from the DDR, but failed to pay the price for the goods to the Victim BF due to the failure to receive the price for the goods from DDR.

It is not a supply of synthetic resin products with intent to acquire the price of the goods from the beginning.

E) On April 16, 2013, the sales contract for the defrauded BV and the BX, BY, BZ, CA, CB, andCC land (hereinafter “Co-owned land”) for the purchase price of KRW 740 million (hereinafter “1”).