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(영문) 서울남부지방법원 2020.01.30 2019노2358

사기등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence related to 1/12 of the list of crimes (related to fraud against the victim G), the Defendant, as described in the attached Table 1 of the instant facts charged, could be recognized as deceiving the victim G as to his/her property status and performance period under the single and continuous criminal intent from September 28, 2007 to November 201, 2013, as shown in the list of crimes Nos. 1 to 12 of the list of crimes committed.

Nevertheless, the lower court determined that the statute of limitations expired with regard to each fraud listed in No. 1 or No. 5 of the above list of crimes, on the premise that each of the above frauds is concurrent crimes, based on the misunderstanding of facts or misunderstanding of legal principles, and that there was insufficient evidence of conviction as to each fraud listed in No. 6 or No. 12 of the above list of crimes, and sentenced each acquittal and acquittal.

B) According to the evidence related to the crime list 2 (related to the fraud against the victim E), even though the damage was accumulated due to improper transactions with the victim E (hereinafter below) and the transaction was inevitable to be suspended at the time of the audit of the head office, the defendant could be acknowledged as deceiving E by failing to notify the victim E of such circumstances. Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby rendering a judgment of not guilty as to this part of the facts charged. 2) According to the criminal facts of the court below as to the defendant's grounds for appeal (related to occupational breach of trust against the victim corporation C) (related to occupational breach of trust against the victim corporation), according to the criminal facts of the court below as to the defendant's grounds for appeal (related to occupational breach of trust against the victim corporation C), the defendant sold goods to E at a price lower than the normal sales price under the victim corporation C

However, E is the same as the business partner other than the defendant.