특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals by the defendant and the prosecutor are dismissed.
1. The lower court found the Defendant guilty of all the facts charged in the instant case and sentenced the Defendant to one year and six months.
On the other hand, the defendant appealed each on the grounds of mistake of facts, misunderstanding of legal principles, and unfair sentencing.
Before remanding, the lower judgment was partially accepted by the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine, and the lower judgment was reversed on October 14, 2015, and the Defendant was acquitted on the embezzlement on or around October 14, 2015, and sentenced the Defendant to imprisonment with prison labor for one year and six months.
The only prosecutor filed an appeal against the whole judgment of the court prior to the remanding of the case, including the part of innocence, and the Supreme Court ruled that the defendant's intention to obtain illegal enrichment was recognized, and reversed all the judgment prior to the remanding of the case.
2. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles) Defendant 1’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and Defendant 1 to 3’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes attached to the lower court: Defendant 1 contributed to F to D
Since it was not deceiving, and the F was repaid by contributing the F to the drama, film, etc., there is no intention to acquire it.
[Attachment 4 to 25] List of Crimes Nos. 4 through 25 of the court below: This money is not borrowed but invested.
Even if the borrowed money is borrowed, the defendant did not deceiving the F and did not have the intent to acquire it by fraud.
The Defendant repaid KRW 74,149,192 in excess of KRW 57,667,00,00 in borrowed money during this period.
The defendant did not deceiving F and did not have the intent to commit fraud.
B) The Defendant, with F’s instruction or consent, prepared and exercised the receipt of a letter of loan and the power of attorney.
C) On September 10, 2015, the Defendant paid to F KRW 3 million, excluding F’s contribution fee of KRW 3.855 million.