특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than eight months.
However, the above punishment for a period of two years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. misunderstanding of facts or misunderstanding of legal principles 1) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic (Fraud) (Crimes No. 1 of the facts stated in the judgment below) Defendant established a company as defined by the victim’s business plan and carried out the project.
The victim is an investment in the overall business of the defendant by deciding to work together with the defendant.
The defendant has not arbitrarily diverted investment funds to the business that the victim did not consent.
Rather, the Defendant invested more money than the victim in the above company.
Therefore, there is no intentional deception of the victim at the time of investment by the victim, and the criminal intent of defraudation cannot be recognized.
2) The fact of fraud (the crime No. 2 of the judgment below) and the person on February 6, 2014 (the crime No. 2 of the crime No. 1 and No. 2 of the crime No. 2 of the judgment below as indicated in the judgment below) are merely loans to each of the above companies to the victim for the operation of F and N Co., Ltd., and they cannot be deemed loans to the defendant. The payment period for each of the above money is not due, and the victim was not due, and the victim is fully aware of the fact that economic situation at the time of each of the above companies is difficult, and that the acquisition of S Co., Ltd. would result in the occurrence of profit, and thus, there is sufficient awareness that each of the above money would not be repaid within a short period, and thus, the defendant was unaware of the victim.
shall not be deemed to exist.
On May 9, 2014, each money was donated to the injured party under the knowledge that the injured party was not able to repay the defendant's ability, and even if the lending was made, it was a loan without a fixed period of time. Thus, the Defendant was issued each money with the intent of deceiving or defrauding the injured party.
not be deemed to be the case.
B. The punishment sentenced by the lower court (three years of imprisonment) is too unreasonable.
2. Determination
(a) An ex officio determination prosecutor is in this Court.