특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals filed by the defendant and prosecutor are dismissed.
Summary of Grounds for Appeal
Defendant
There is no misconception of facts or misapprehension of the legal principles that the defendant has the right to hold EM in China. The defendant does not mean that I has the right to hold EM in China.
I decided to make an investment after a direct consultation with the J (hereinafter referred to as the “Company”) that has the authority to hold the EM in the name of the Company.
Therefore, the defendant is not guilty of deceiving I or the victim company.
In the process of converting the contact into the contract, the defendant made efforts to attract the performance of E, such as the use of the investment funds of the damaged company, in the process of converting the contact into the contract, the personal situation of E and the interference of performance.
Therefore, there was no intention to obtain money from the victim company from the beginning.
The criminal defendant introduced U to AE, etc. to attract Q contact, but did not directly induce the victim.
U was actually engaged in the work of attracting Q Cont in China, but there was no consultation with Q's affiliated companies.
Since then, the Defendant, as a case of attracting a “AK” model, provided actual compensation for the damage to the victim.
Therefore, the defendant did not have the intention of fraud.
The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.
In the process of a prosecutor's mistake or a misunderstanding of the legal principles, the defendant accepted the C's statement on the preparation process of documents in the investigative agency.
C only made a somewhat inconsistent statement due to the reduction of memory for a considerable period from the date of crime, and Y’s statement in a relationship with the defendant cannot be believed.
In order to conceal the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the defendant has to commit the crime of forging private documents and the crime of uttering of a falsified document.