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.
Summary of Reasons for appeal
A. In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by mistake of fact, the defendant operated the bond business jointly with the victim. As such, the victim's voluntary intent for the bond business, etc. is not a loan to the defendant, which is not a loan. In particular, since the victim, 100 million won No. 10 million won in the attached crime list No. 10 of the attached crime list, has been donated to the defendant, the defendant did not interfere with the crime of fraud, such as
I would like to say.
In addition, even if the Defendant’s partial fraud is recognized, the portion used by the victim for his own interest, i.e., the amount of KRW 10 million incurred from the repayment of the existing loan, i.e., the amount of KRW 20 million remitted to the BA account in the name of the victim, and the amount of KRW 36 million that the victim discharged the Defendant’s obligation to borrow the loan to the Defendant Company C, i.e., the amount of KRW 66 million should be excluded from the amount of damage (hereinafter “Attachment 5’s argument”). Nevertheless, the lower court convicted all of the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine.
B. The sentencing of the lower court is too unreasonable.
Judgment on the misunderstanding of Facts
A. Determination on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the attached Table Nos. 1 through 9 of the List of Crimes 1) The summary of this part of the facts charged was false to the effect that, on March 24, 2017, the Defendant, at the Defendant’s home located in D Building E at Kimpo-si (hereinafter “victim”), invested in the victim B (hereinafter “victim”) in the number of days in which the principal and interest rate was paid in installments, and then borrowed KRW 790,00,000 from the present to the end.
However, the defendant's money from the injured party.