beta
(영문) 대전고등법원 2020.03.20 2019노340

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for seven years.

The defendant shall be an applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles, ① 2018 Gohap 41 (victim C part) upon request of the victim for the exchange of new rights, and the Defendant exchanged 370 million won with new rights, and thereafter received KRW 480 million, and KRW 170 million, unlike the victim’s statement, was merely a simple loan for the use of business funds. Furthermore, the Defendant did not have the intent or ability to repay the borrowed money at the time of borrowing. Therefore, the Defendant could not be deemed to have acquired the above money by deceiving the victim or intentionally acquired the money (victim M part) or had the intent to acquire it. The Defendant could not be deemed to have acquired the above money from the victim with a view to carrying out the apartment house sales business, and the Defendant could not be deemed to have acquired the above money from the victim with an intent to borrow the above money from 190 million won to 4.6 billion won, and the Defendant could not be deemed to have acquired the above money from the third party to acquire the above money by transfer to 200 billion won after borrowing the above land.