특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The judgment of the court below that acquitted the victim of this part of the facts charged, even though it does not affect the value of the collateral provided or the victim's intention of repayment, in the case where the prosecutor (misunderstanding of facts and misapprehension of legal principles) uses the active deception means in order to defraud the property from the damaged person, it is recognized that the person who uses such means of deception is guilty.
B. The Defendant (unfair sentencing)’s punishment sentenced by the lower court (one hundred months of imprisonment and two years of suspended sentence) is too unreasonable.
2. The determination of the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine constitutes a crime of fraud by deceiving the other party and receiving property from the defective intent of the other party. Thus, if a financial institution was taken out by deceiving a financial institution with financial statements, etc. through window dressing accounting, a crime of fraud is established. A crime of fraud is established if a financial institution was taken out by deceiving the financial institution with the financial statements, etc. under window dressing accounting
Even if it does not affect the establishment of fraud (see, e.g., Supreme Court Decision 2011Do14247, Jan. 27, 2012). At the time of the instant loan, the actual lease deposit for the third and fourth floors among the third and fourth floors of the land and the ground buildings (hereinafter “the instant real estate”) offered as a security to Pung Mutual Savings Bank Co., Ltd. (hereinafter “Pung Mutual Savings Bank”) was 950,000,000 in total. The appraised value of the instant real estate appraised by the appraisal corporation at the time of the appraisal was 3.1 billion won in total, and if the said deposit was deducted from the appraised value, the amount was 2.16 billion won in total, if the Defendant did not submit a false lease contract as if the said deposit was not prepared, then the Defendant could not receive a loan from Pung Mutual Savings Bank.
I seem to appear.
Therefore, the defendant.