특정경제범죄가중처벌등에관한법률위반(사기)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., two years of imprisonment) is too unreasonable.
2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant acquired a semiconductor amounting to approximately KRW 800 million from the victim company, and the amount of damage is significant, and the actual damage has not yet been recovered.
On the other hand, it appears that the defendant involved in substantial deception, such as real estate (the court appraisal is KRW 745 million, the date of payment as of January 23, 2015) and additional collateral provided for the victim company as collateral, and the Guro-gu Seoul Metropolitan Government Guro-gu Real Estate (the appraisal is KRW 280 million, KRW 1st 303-304) will be subject to considerable damage due to the auction. There is no criminal record exceeding the fine for the defendant, and the defendant is against the fact that the crime was committed in the first instance. The core of the fraud crime of this case seems to be that the defendant provided the victim company with non-value-free real estate as collateral without the intention or ability to pay the price for the article and acquired the article from the victim company without any intention or ability. It is difficult to view that the defendant involved in the crime of actual deception, such as excessive appraised value of the collateral value of the real estate, and the director N of E Co., Ltd. (hereinafter referred to as "E") who was working for the defendant had been supplied with the property in the form of the crime of this case.
It seems that the defendant has committed a crime by willful negligence rather than by willful negligence, and in particular, the defendant has reached the judgment of the court, and 10 million won for the victim company.