특정경제범죄가중처벌등에관한법률위반(사기)
The prosecutor's appeal is dismissed.
According to the summary of the grounds for appeal (misunderstanding of facts or legal principles), Z, A Q’s statement, and the use of funds, etc., the Defendant knew or anticipated that the victim Y would pay KRW 500 million to the Defendant for the purpose of facilitating investigation into the illegal multi-stage similar recipients operated by the Defendant. In fact, even though there was no intent or ability to harm the scene of investigation, etc., the Defendant promoted mineral business by using the opportunity and solicited the victim to make an investment in mineral business as if he would have made considerable profits. Such solicitation of investment by the Defendant constitutes “the act pretending to have the intent or ability to attract the victim’s solicitation” and constitutes “the act of pretending to have the intent or ability to cause the victim’s solicitation,” and constitutes “the act of implied deception or the act of deception by omission using the victim’s fault or the victim’s fault. Therefore
Nevertheless, the court below rendered a not guilty verdict on the facts charged of this case. The court below erred by misunderstanding facts or by misapprehending legal principles, which affected the conclusion of judgment
Judgment
As to the assertion of misunderstanding of facts or misapprehension of legal principles, the prosecutor applied for the amendment of indictment to add the ancillary facts charged as stated in paragraph (b)(1) at the trial of the court, and this court permitted it.
에 대한 판단) 주위적 공소사실의 요지 피고인의 지위 및 당시 상황 피고인은 M 교회의 원로 목사인 N와 O 회장인 P의 동생으로서 2005. 9. 2.부터 ㈜Q 의 대표이사로 재직하고, 2008. 1. 15.부터 ㈜R 의 대표이사를 맡았으며, 2008. 6. 5.부터 ㈜S 의 대표이사로 재직하였다.
From September 2005, the Defendant leased and used approximately 140 square meters of office offices in the O building located in Yeongdeungpo-gu Seoul Metropolitan Government T from around September 2005, and was in office as the representative director of the above company, but received 1,800 assistance around the company due to the lack of certain imports.