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(영문) 서울고등법원 2018.10.19 2017노3247

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

, however, the defendant.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant A1 and misunderstanding of the legal principles recognize that the Defendant received investments or loans from the victims in exaggeration of the prospect and progress of the rice farm business. However, it is merely a delay in the progress of the business due to a change in the local policy of Cambodia, K’s withdrawal of investment, etc., and not deceiving the victims without any intent or ability to distribute profits by running a rice farm business.

Nevertheless, the judgment of the court below which convicted the Defendant of the facts charged of this case is erroneous in the misunderstanding of facts or legal principles.

2) The sentence sentenced by the lower court to the Defendant (two years of imprisonment) is too unreasonable.

B. Defendant B did not participate in an underwriting agreement or an investment agreement with the victim Co., Ltd., Ltd. (hereinafter “victim Co., Ltd.”) or deceiving P, the representative director of the victim Co., Ltd., and actually used the paid investment amount for the business of a rice farm, and only suffered damage due to the failure to pay the paid investment amount.

Nevertheless, the defendant by deceiving P in collusion with A, etc., thereby deceivings money from the victim company.

The judgment of the court below is erroneous in finding facts.

2. Judgment on Defendant A’s assertion

A. 1) In full view of the facts and circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court: (a) as the Defendant did not rent the land from the Cambodia and received investment from the victim I as if he was currently a rice farmer; (b) thus, the lower court fully recognized the act of deception as stated in paragraph (1) of the lower judgment; and (c) even if the Defendant believed the method of financing limited by N and S as alleged in the reasoning of the lower judgment.

Even if the defendant concludes a contract under the name of the defendant and distributes investment funds, the whole process of financing and enforcement.