특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
1. Summary of grounds for appeal;
A. As to the judgment of the court below 1, the victim F was well aware of the fact that each of the above promissory notes was a loan bill, not a de facto bill, in light of the fact that the victim F was remitted to a person who is not an endorser of the bill discount amount in the case of KRW 209,749,153, which is the sum of KRW 8,11, 13, 14, 15, and 20 of the crime table of the crime committed in the judgment of the court below, by misunderstanding the legal principles as to the violation of the Act
must be viewed.
Therefore, the defendant cannot be deemed to belong to the above victim as if each of the above bills was a true bill, so the defendant has no intention to commit fraud.
If the defendant was aware that each of the above promissory notes belongs to the fact that it was a true bill.
Even if the above bill was stated as a true bill, the victim was the victim.
In addition, the relationship with the person can not be recognized.
The Defendant, among the amount of damage inflicted on December 6, 2010 on the part of the endorser on December 6, 2010 in the previous appellate brief, was transferred to G, and the Defendant argued that, with respect to the amount of damage inflicted on December 27, 2011, the amount of discount of the bill was remitted to B without presenting a promissory note as the amount of damage inflicted on January 27, 201, to the person who is not the endorser, as the amount of damage inflicted on December 8, 2010, KRW 10,000,000,000,000,0000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,000.
2) In the process of discounting bills, the Defendant did not instruct the Co-Defendant B of the lower court to make an endorsement on the charge of forging or forging securities.
B is a forgery of endorsement in the process of personally taking part of the discount amount received by the injured party.