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(영문) 서울고등법원 2017.04.27 2016노3546

특정경제범죄가중처벌등에관한법률위반(사기)

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All appeals by the defendant and the prosecutor are dismissed.

The defendant shall obtain money from R Co., Ltd. from the applicant for compensation 798,390.

Reasons

As to each of the facts charged in this case, the lower court determined as follows.

The lower court found the Defendant not guilty of KRW 2 to KRW 7, the Defendant’s capacity to obtain the payment of the amount of money No. 1, 1, 2, 2, and 36, 1, 32, and 14, 8, 16 through 31, 16, 16, 4, 7, 5, and 1, 5, 1, 5, and 5, 5, 1, 5, 1, 5, and 5, 1, 5, 5, 1, 5, 1, 4, 5, 5, 1, 16, 16, 4, 5, 16, 16, 14, 5, 14, 5, 5, 14, 5, 14, 5, 14, 5, 5, 1, 20, 14, 31, 25, 31, 36.

Nevertheless, the court below found Defendant guilty of this part of the facts charged. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of the judgment.

Around December 2012, the Defendant received 100% shares of Y from around December 2012, the Defendant belonged to AG because he/she was unaware of the fact that the document was false, and substantial part of the money invested by Y.