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(영문) 서울고등법원 2016.10.27 2016노2069

특정경제범죄가중처벌등에관한법률위반(사기)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The Defendant alleged, in the first ground of appeal on the grounds of unfair sentencing, that the number of days pending trial was not included in the grounds of appeal; however, the Defendant withdrawn the above assertion on September 1, 2016 at the first trial date of the trial.

The sentence of the lower court against the accused [the imprisonment of August (2015 Highly 1097) and April (2016 Highly 55)] is too unreasonable.

B. A prosecutor: misunderstanding of facts, misunderstanding of legal principles, misunderstanding of facts, and misunderstanding of legal principles as to the fraud of 11.40,00 won against U.S. which was acquitted in the original appellate brief; however, the prosecutor withdrawn the above assertion from the first trial date ( September 1, 2016). A) The Hyundai Mutual Savings Bank issued a guarantee to the victim BJ (hereinafter “victim”) on the violation of the Act on the Aggravated Punishment, etc. on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to the victim BJ before the lapse of one week thereafter; the right to collateral security established by the defendant is insufficient to guarantee the Defendant’s loan to the Defendant; the right to collateral security established by the Defendant is insufficient to secure the loans to the Defendant; the Plaintiff’s construction and sale of shopping mall located in the former and the Plaintiff’s business (hereinafter “former project”) on the grounds of failure to secure the ownership of the land necessary for the Plaintiff’s first project in the original appellate brief; and the Defendant did not have any intent or ability to complete payment.

B) The victim B Q Q Co., Ltd. (hereinafter “victim Company”) committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim B Q

) 14 apartment bonds (hereinafter referred to as the “instant apartment”) depending on the fulfillment of the project for collecting stone and aggregate, which is an uncertain condition.

) It is that the ownership (the sale price of KRW 12.8 billion is 60,000,000 and the down payment is received and transferred.