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(영문) 서울고등법원 2012.10.12 2012노1184

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. An employee of the defendant's misunderstanding of facts had an electric cable to pay to the victim, and the client of the defendant did not pay the price of goods to the defendant and did not have the criminal intent of defrauding the defendant.

In addition, the Defendant, as he had H and K with the word "babb president", was affixed with the seal as a representative director, and there was no intention to commit the crime by fraud at all without knowing the contents of the instant crime.

B. In light of the overall circumstances of unreasonable sentencing, the sentence of the lower court (three years of imprisonment) is too unreasonable.

2. Determination:

A. The court below rejected the above assertion by stating in detail the judgment on the "determination of the defendant and his defense counsel's assertion" among the judgment of the court below, to the purport that this case is a civil case where the defendant's employee H embezzlement crime of the defendant's employee H failed to pay goods due to the defendant's embezzlement, and the judgment of the court below is just in comparison with the above judgment of the court below.

The defendant asserts that he did not have the intention to commit fraud because he was "the chief executive officer" in the trial of the political party. However, the evidence duly adopted and examined by the court below and the following circumstances acknowledged by the defendant's legal statement in the trial of the political party, namely, ① the defendant accepts the representative director's position even though he was aware that he was responsible for the transaction of goods as the representative director, ② even if he was detained due to the crime of this case, if he was paid only the cost of living for his family and the cost of attorney's fee, etc., even if he was legally responsible, the court of the court below held that he is fine for the representative director.