특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
However, the period of three years from the date this judgment becomes final and conclusive.
As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the defendant did not deceiving the victim to lend the name of the representative director of the corporation, but did not deceiving the victim to repay the loan to the joint and several sureties of the victim. The agreement to change the name of the representative director called the act of deception in this case and the joint and several sureties agreement, which is the act of disposal, do not have a relationship with the principal. Even if the deception on the change of the name is recognized, even if the change of the name is recognized, it cannot be deemed that the loan in this case was deceiving the victim as the value of the secured real estate is sufficient, and there is no relation between deception and the
As to the fraud, as the Defendant had the intent or ability to repay at the time of borrowing, and actually repaid the borrowed money on September 30, 2016, there was no fraud or deception.
Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the legal principles and thereby affecting the conclusion of the judgment.
The punishment sentenced by the court below (three years and six months of imprisonment) is too unreasonable.
Judgment
As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant argued to the effect that this part of the appeal was similar to the grounds for appeal, and the lower court rejected the Defendant’s assertion that the Defendant could have acquired pecuniary benefits or acquired money by deceiving the victim as stated in the judgment of the lower court, and found the Defendant guilty of each of the charges of this case.
(1) A victim shall consistently comply with the law of the court below from the investigative agency to the court below. “The victim shall be 3,822 square meters (hereinafter “the instant case”) in the name of a corporation newly established by making the victim a representative director in the name of the defendant lending his/her name in establishing a corporation.