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(영문) 서울고등법원 2020.09.24 2019노1563

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) A corporation that the defendant operated in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “B”).

Around December 23, 2016, the Victim C Co., Ltd. (hereinafter referred to as “C”)

A) Not only did not have any outstanding amount, but also had sufficient ability to repay the price of the goods because it had maintained a considerable sales performance and a sound financial structure. The failure of B to repay the price of the goods to C is attributable to business difficulties that have occurred ex post facto. B notified C of the fact that the payment of the price of the goods may be delayed due to business problems around 2017. C, including those circumstances, was well aware of the management situation of B, and C entered into the supply of the goods according to its own business judgment, taking into account the fact that (i) even though having been well aware of the management situation of B, including B, and had been paying the price of the goods for several years. Considering these circumstances, it is difficult to view that C, while the Defendant had no intent and ability to pay the goods at the time of the supply of the goods, was to have taken the supply of the goods due to the Defendant’s deception, it is reasonable to view that each of these embezzlement was made with the victim I, N Co., Ltd., Ltd. (hereinafter referred to as “victims Co., Ltd.”).

Therefore, it is deemed that the defendant was in the custody of each of the medical equipment of this case.