특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment below
Part of the compensation order, excluding the compensation order, shall be reversed.
Defendant
A Imprisonment for three years, and Defendant B.
The court below within the scope of the judgment in this case determined that the part of the facts charged of this case that "the defendant deceivings the victim as described in Article 2-3 (c) of the facts constituting the crime at the time of original adjudication, and thereby, let the victim terminate the right to collateral security of one billion won with respect to the land of this case, thereby acquiring pecuniary benefits equivalent to the same amount." As to the part of the facts charged of this case, " Even if the maximum debt amount of the right to collateral security established by the victim is KRW 1 billion, it is reasonable to view that the amount of damage suffered by the victim by cancelling the right to collateral security is KRW 600 million, which is the market price of the land of this case, and therefore, the part in excess is not
Pursuant to the judgment of conviction of the charge of the claim (acquisition of property profits with respect to KRW 600 million, the market price of the land of this case), a not guilty is found.
As to this, since only the Defendants appealed against the guilty portion, the part of innocence in the above reasoning was transferred to the trial court along with the remaining convictions in the relationship of a single crime, but it is not subject to the trial judgment of this court because it is out of the object of attack and defense between the parties. Thus, this court should comply with the conclusion of innocence in the above reasoning
Summary of Grounds for Appeal
No. 2 in the original adjudication of mistake or misapprehension of legal principles
(a) and (c);
Defendant A’s crime part of the crime of this case) The Defendant obtained a loan or investment of the purchase price of the land of this case from the victim E, and acquired the money, or acquired the money under the name of victim E (hereinafter “mortgage”) established on the land of this case.
) There is only a fact that there is a benefit of property equivalent to the market price of the land by cancelling the contract, and in collusion with Defendant B, the crime like the crime of No. 2(a) and (c) of the same crime at the time of original adjudication (hereinafter referred to as the "violation of the Act on the Aggravated Punishment