특정경제범죄가중처벌등에관한법률위반(사기) 등
1. The part of the lower judgment against Defendant A, C, D, and E shall be reversed.
2. Defendant A’s imprisonment for two years, Defendant C, D, and .
1. Summary of grounds for appeal;
A. Defendant A1) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (hereinafter “Special Economic Crimes Act”)
The Defendant, as to the mistake of facts, paid profits from rental housing normally before being forced to buy a guarantee deposit insurance policy, but the purchase of a guarantee insurance policy, which led to the aggravation of profitability from the excessive burden of the guarantee insurance premium, is the same only as R (hereinafter “R”).
A) The failure to repay is not intentional, and is not intentionally paid. Moreover, the submission of data on the actual status of an enterprise for credit assessment without stating the actual owner in the data on the actual status of the enterprise is limited to S Co. (hereinafter “S”).
A) The intent of defraudation is not recognized solely based on the fact that the actual management owner is not indicated in the data on the actual status of the company, which is only a kind of survey as a basic data for credit assessment, and the entire apartment and R’s apartment and most of them are after having subscribed to the guaranteed insurance. The part of the lower judgment convicting the Defendant is limited to the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee”) after entering into a lease contract normally.
) There is no fraudulent act by the Defendant as the leased portion which purchased a guarantee insurance through the review and evaluation of the rental housing. In relation to the amount of damage, the Defendant is recognized as the guarantee limit of 18.5 billion won in the examination of the Korea Housing Guarantee through the appraisal of the rental housing, and has purchased an insurance policy equivalent to 16.6 billion won within the scope of the guarantee limit, and submitted the certificate of transfer of rental housing as a security at the time of purchase of the rental housing. The Korea Housing Guarantee is succeeded to the lessee's right if the insurance is paid, and it is possible to recover the insurance money through an auction of the rental housing, so there is no substantial damage and there is no substance of the so-called economic benefit guarantee interest