특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
Of the facts charged in the instant case.
1. In relation to each of the crimes in the decision of the court below, although the defendant was not guilty in light of the following circumstances, the court below found the defendant guilty in the whole of the facts charged of this case. Therefore, the court below erred by misapprehending the legal principles as to the criminal intent by mistake or fraud, which affected the conclusion of the judgment.
The facts of fraud in the name of investment funds to the company of this case under Paragraph (1) of the judgment of the court below are that if the defendant invested 400 million won in the company of this case ("LG") in the People's Republic of China, the defendant would give 20% of the shares of the company of this case to the victim, but there is no fact that "it is 20% of the profit amount or 10% of the monthly investment amount after settling accounts at the end of each year," and therefore, the defendant is merely 20% of the shares of the company of this case to the victim and received 400 million won as the price. Thus, the defendant cannot be said to have obtained the above 400 million won, and there is no intention to commit fraud by the defendant.
B. Although the Defendant’s fraud under the name of investment funds in the Chinese apartment project under paragraph (2) of the judgment of the court below was the fact that the Defendant told the victim about the Chinese apartment project under paragraph (2) of the facts constituting the crime of the judgment below (hereinafter “the apartment project of this case”), at the time of the Defendant’s participation in the instant apartment project through I (hereinafter “I”) operated by the Defendant.
It is not easy to say that construction is carried out through or through I, and rather, it is clearly notified that it is necessary to carry out construction work with large enterprises and large enterprises in Korea, and there is no intention to commit fraud against the accused.
C. The Defendant borrowed KRW 50 million from the victim for the purpose of obtaining an order for the new construction of a P Hospital Hospital, but the above facts constituting the crime.