beta
(영문) 부산고등법원 2016.10.12 2015노443

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the defendant not guilty of the total amount of KRW 40,00,00 in the attached Table 5 of the crime sight list of the court below among the facts charged in this case, and found the defendant guilty of the remainder of the charges.

As to this, only the defendant appealed against the guilty part, and since the acquittal part of the above reasoning became final, the scope of the trial of this court is limited to the facts charged by the court below.

2. Summary of grounds for appeal;

A. The following parts in the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) are not by deceiving the victim E as stated in the facts charged. ① The part in the attached Table 1 and 2 of the crime committed in the original judgment is that the victim E has paid part of KRW 300 million to the victim E, and the defendant has not borrowed money from the victim E. ② The part in the above crime list 3, 4, 6, and 8 is that C has lent money from the victim E to the third party, such as K, L, AW, and the defendant has not borrowed money from the victim. ③ Since the above crime list 13 to 16 is the crime list of the above crimes, the defendant has borrowed money from the victim E, and the defendant has not borrowed money from the victim to the victim, and the defendant has not borrowed money from the victim to 200 to 30,000,000 won, and the defendant has borrowed money from the victim to 20,000 won and has not been remitted money from the victim E.