beta
(영문) 서울고등법원 2017.01.13 2016노2215

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Each appeal by the defendant and the prosecutor shall be dismissed.

Reasons

The grounds of appeal shall be determined within the scope of supplement in case of supplement in case the grounds of appeal are examined after the lapse of the period for submitting the grounds of appeal.

Defendant

In fact, misunderstanding of the legal principles and misunderstanding of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) and the Defendant withdrawn and used each of the money stated in this part of the facts charged under the pretext of repayment for the victim G Co., Ltd. (hereinafter “G”), and

The Defendant borrowed money as stated in this part of the facts charged from the victim AB from the victim AB as the victim X transferred money to a third party or immediately after the following day, and thus, the Defendant did not have any intent to commit fraud. However, the Defendant borrowed money as stated in this part of the facts charged. However, the Defendant would be able to use the money to purchase the G’s shares, pay all the money borrowed within one month, and pay the proceeds equal to the principal.

There is no statement to the effect that "...."

Even if the Defendant received funds from the above victim and used them for the establishment fund of H (hereinafter “H”) as stated in this part of the facts charged, since the Defendant operated H along with the above victim, even if the said victim knew the actual purpose of the funds, it cannot be readily concluded that the Defendant did not lend money to the Defendant. Thus, the relationship between the Defendant’s deception and the said victim’s dispositive act cannot be acknowledged.

Each of the violations of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has not been accused of the above victim because the defendant has no direct contact with the victim.

After borrowing KRW 1 billion from the above victim, the defendant paid KRW 265,462,29 to the above victim by December 27, 2013, including the payment of KRW 20,000 to the above victim around June 1, 2012.