특정경제범죄가중처벌등에관한법률위반(사기)등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
except that, for a period of four years from the date this judgment becomes final and conclusive.
1. Of the facts charged in the instant case, the lower court rendered a verdict of not guilty on December 14, 2009 as to the charge of forging a private document and uttering of the aforementioned investigation document regarding “declaration of Conditions for Return to Purchase of Goods” and “the said document” was exempted from the scope of public defense among the parties as the prosecutor did not appeal. Accordingly, the lower court’s conclusion on this part is consistent with this Opinion.
Therefore, the scope of the court's trial is limited to the conviction of the defendant.
2. Summary of grounds for appeal by the defendant;
A. misunderstanding of the facts or misapprehension of the legal principle 1) The Defendant used the victim’s money invested by the victim G to purchase bad faith in accordance with the original purpose of investment, and repaid a considerable portion of the investment paid from the said victim’s profit.
The defendant was unable to repay part of the investment money to the above victim
Even if it is due to the temporary shortage of funds incurred in the continuous monetary transactions with the above victim, there is a criminal intent to acquire it by fraud only because it is due to the temporary shortage of funds.
shall not be required to do so.
B) The Defendant, along with the Victim G K, received investments from the victim G upon K’s request. The victim G was not only aware of the Defendant’s malicious business status by having K supervise the Defendant’s malicious business operation and manage funds on his/her own behalf, but also having the Defendant keep the musical instruments purchased in the source warehouse that he/she manages as collateral for investment funds.
Therefore, the victim G is not accused of the defendant.
C) As such, the Defendant did not deceiving the victim G, and had the intent and ability to repay the said victim’s investment money, and thus, is the criminal intent of defraudation.