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(영문) 부산고등법원 2013.09.12 2013노261

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment for two years, Defendant B and C shall be punished by imprisonment for one year and six months.

(2).

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Defendants A and C are 140,474 square meters ( approximately 42,491 square meters, hereinafter “instant land”) between the Defendant and K on June 24, 2011, Defendant A, the victim I, and 13 lots (hereinafter “instant land”).

(2) Although Defendant B was involved in the sale of the instant land rather than the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), it was true that Defendant B was involved in the sale of the instant land, which was required by A’s demand or instruction, and in relation to the failure to notify the amount of the actual loan to the Defendant of the purchase price of the instant land, KRW 1.5 billion if the Defendant was the employee of the Agricultural Korea Saemaul Bank’s funds, and the victim did not appear to have been asked directly to the Defendant and paid KRW 600 million to the victim as the down payment under the said sales contract, and the remaining amount of the down payment was not KRW 400 million, not the crime of this case. However, there was no intention or deception to commit the instant crime.

B. The sentencing of the lower court (in the case of Defendant A, three years of imprisonment in the case of Defendant B, two years of imprisonment in the case of Defendant B, one year and six months of suspended sentence, three years of suspended sentence, three years of probation, community service, etc.) is too unreasonable and unfair.

2. Determination

A. As to the determination of the defendants' assertion on the amount of fraud, the defendant A and C asserted the same purport in the court below, and the court below rejected this part of the argument for the reasons as stated in its reasoning. In light of the records, the court below's fact-finding as to this part is examined.