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(영문) 대법원 2014.10.15 2014도7486

사기

Text

The judgment below

The non-guilty part is reversed, and that part of the case is remanded to the Panel Division of the Seoul Central District Court.

Reasons

The grounds of appeal are examined.

1. According to the reasoning of the judgment below, the court below acknowledged the facts as stated in its reasoning as to the fraud against the victim D among the facts charged in this case, and found D not guilty on the ground that D cannot be deemed as the victim who conducted a disposal act due to the defendant's deception because it was difficult to receive compensation from the Japanese government because the lawsuit related to the fraud committed by the defendant, etc. was already lost in the name of the application commission fee for the applicant, etc. for compensation, even though D had known that it was difficult to receive compensation from the Japanese government, by taking advantage of the following acts by taking advantage of his own interest by taking advantage of the defendant's improper act, and by taking advantage of his own interest, it was difficult to view that D did not have paid the above money by the defendant's deception.

2. However, the above determination by the court below is difficult to accept for the following reasons.

The judgment below

The reasoning and the evidence duly admitted by the court below revealed that ① in collusion with the victims of forced conscription in order, the defendant received money in the name of the expenses and received money for the confirmation and receipt of compensation money, and ② in consultation with the victims of forced conscription, he received money in the name of the victim and caused the victim to be recruited by establishing a legal entity and recruit the applicant for compensation, and ② around July 2007, the KJ Research Institute of Incorporated Association established and registered in the name of BDT and took overall charge of the management and receipt of documents related to the application for compensation, and the defendant was in charge of recruiting the applicant for compensation. ② At that time, the defendant and I received compensation from the Japanese government from 1900 to 1930, the Japanese government applied for compensation from the Japanese government.