특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
1. Summary of grounds for appeal;
A. The Defendant asserts the misunderstanding of facts does not receive from the complainants only 50 million won from the complainants in return for the transfer of the right to the F Building Project (hereinafter “instant implementation project”) to the complainants D (hereinafter “Appellants”), and the support for the loan of the FF funds necessary for the implementation project. Thus, the Defendant could not be deemed as deceiving the complainants as shown in the facts charged, since it did not receive the consideration for the sale of large retailers, etc.
Even if the Defendant had the intent and ability to sell large scale discount stores, etc., and was actually endeavored to do so, the lower court found the Defendant guilty of charges by misunderstanding the fact.
B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.
2. The facts charged and the judgment of the court below
A. On June 25, 2010, the Defendant was sentenced to a two-year suspended sentence of imprisonment for special larceny at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and the said judgment became final and conclusive on October 29, 2010.
On July 25, 2007, at the office of the Dispute Resolution Co., Ltd., located in Gangnam-gu Seoul Metropolitan Government, the Defendant made a false statement to the effect that “The Defendant shall transfer to the head of the Dispute Resolution Co., Ltd., the amount of KRW 50 million and value-added tax, KRW 50,000,000,000, to the head of the Tong-gu, which is actually operated as the vice-chairperson, for the purpose of attracting video assembly facilities, such as home flus, slots, and major discount stores, such as home flus, slots, and cGVs, and slots.”
However, even if the Defendant received money from the complainant, the Defendant did not have any intention or ability to allow large-scale discount stores and film theaters to sell them in the F Complex Building.
As above, the defendant deceivings the complainant and belongs to it, 50 million won from the complainant shall be the G head of the Bank of Korea.