특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
Among them, the part concerning the first offense against Defendant A shall be reversed.
Defendant
A As to Article 1 of the judgment of the court.
1. Summary of grounds for appeal;
A. Defendant A 1) The victim L of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) has lent KRW 1.3 billion to the investor’s intent to make an investment, and it was known that the sales price for 25 households of the Itel constructed in the Gangseo-gu Seoul Metropolitan Government and H and 3 lots (hereinafter “the instant officetel”) offered as security at the time of lease was actually unpaid, and thus, the Defendant did not deceiving the victim.
In addition, the defendant was planned to repay the loan to the victim with the profit from the business of duty-free shops, but the business of duty-free shops was not run properly due to inevitable circumstances such as sudden decrease of Chinese tourists.
B) Since the lease contract between the Defendant and V remains valid, the Defendant had the intent and ability to subcontract electrical construction to the victim S upon completion of the interior work of V commercial buildings. Therefore, the Defendant did not have any intention to deception. Therefore, the Defendant did not have any intention to deception. (ii) The sentence (two years of imprisonment: 2 years of imprisonment, and 6 months of imprisonment) sentenced by the lower court on the Defendant is too unreasonable.
B. Defendant B 1’s mistake of facts and misapprehension of legal principles shall be judged without any need to examine whether the grounds for ex officio examination are legitimate, if the grounds for appeal are included in the grounds for appeal, or whether the grounds for appeal are included in the grounds for appeal. However, matters not to be the grounds for ex officio examination may be subject to a trial only when they are stated in the petition of appeal or are included in the grounds for appeal submitted within the prescribed period. However, they are not
A judgment may be rendered ex officio.
On the other hand, the defendant or defense counsel is not included in the statement of grounds for appeal.