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(영문) 서울고등법원 2015.10.30 2015노2148

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for two years.

The judgment below

The remainder of the verdict is not guilty.

Reasons

Summary of Grounds for Appeal

The evidence submitted by the prosecutor on the violation of the Labor Standards Act and the Act on the Guarantee of Workers' Retirement Benefits was insufficient to prove that the wages of workers were in arrears from time to time, the date of retirement, and the amount of unpaid wages by workers.

The statements of workers who seem to correspond to the facts charged are not consistent and thus cannot be trusted.

The judgment of the court below is erroneous in the misconception of facts by finding the statements of the unreliabilityless workers as evidence.

The defendant in the part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim N is the S, R Co., Ltd. to acquire the right of redevelopment project by raising the PF funds.

It is only the investment of 1 billion won in trust and N.

In light of the attitude of R and S at the time, the value of G site, etc., it cannot be deemed that the defendant had a criminal intent to obtain fraud.

The judgment of the court below is erroneous in the misconception of facts that found facts solely dependent on N's statements without credibility.

The defendant in part of the fraud against the victim E was invested in KRW 200 million from E, and there is no fact that he acquired 200 million won by fraud.

There is no objective evidence, such as a certificate of borrowing KRW 200 million from E or a statement of payment of interest, etc.

E’s statement that seems to correspond to the facts charged is not consistent and thus is not reliable.

The court below erred by misapprehending the facts.

It is possible to realize all the contents of the agreement that the defendant prepared to I, who is the victim D's children, in the misconception of facts, the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim D, only if the G reconstruction project is successful and proceeds normally.

The court below did not make any decision on the fact that the possibility of success in G reconstruction projects has been unsatisfed.