특정경제범죄가중처벌등에관한법률위반(사기)등
1. The judgment below is reversed.
2. The defendant A shall be punished by imprisonment with prison labor for not less than two years and six months, and the defendant B shall be punished by imprisonment for not more than one year and six months.
1. Summary of grounds for appeal;
A. Fact-finding (as to the table Nos. 2, 3, and 6 of the crime committed in the judgment below), the Defendants merely borrowed 9.5 million won from the second half of the crime list Nos. 2 in the crime list No. 17 million won in the judgment of the court below, and received delivery of the above 17 million won and the above 9.5 million won in the second half of the crime list No. 6 in the above crime list No. 17 million won and the above 9.5 million won in the second half of the crime list No. 3 in the above crime list, and the amount does not reach KRW 14.4 million (as to the defendants, the defendants have asserted that the facts as to the remaining crime were misunderstood at the third trial date of the trial of the court below at the third instance and withdrawn all of their arguments of misunderstanding and misunderstanding of the legal principles as to the remaining criminal facts at the trial date of the court below's judgment.
2. Determination
A. In the first instance trial, the prosecutor's ex officio determination was changed to "B" fraud in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)" among the facts charged against the Defendants, Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, Article 347 (1) and Article 30 of the Criminal Act, Article 347 (1) and Article 30 of the Criminal Act "B" of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, and Article 347 (1) and Article 30 of the Criminal Act. "B" 72 of the facts charged, and "B" 52,680,000 won in total, "B" 57,680,000 won in indictment, but at the lower trial, it was changed to 52,068 million won in indictment.
was issued by the Corporation.
A total of KRW 46,9720,000 was delivered to “B”.
“C.” 50 million won 210 million won “B,” the sum of which is KRW 11,12,31,45,474,547,57 each of the following items: “B” on October 18, 2013, 2013: “B,” the sum of which is KRW 5,270,000,000 “B,” the sum of which is KRW 5,000,000,000 “B,” and the sum of which is KRW 5,222,00,000,000 “B,” the sum of which is KRW 46,68,00 won “B,” each of which is KRW 11,00,003,000,000 “B, 12,31,31,45,47,547,547.