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(영문) 서울중앙지방법원 2015.02.05 2014노4474

사기등

Text

The judgment of the court below is reversed.

As to the crime No. 1 in the judgment of the defendant, the crime No. 2-4 in the judgment of the defendant is committed.

Reasons

1. Summary of grounds for appeal;

A. As to the crime No. 1 as stated in the lower judgment (1) of mistake of facts or misapprehension of legal doctrine (2013Da4083), the Defendant received KRW 400 million from the victim K as “investment or stock purchase price,” not as the borrowed money, but as “investment or stock purchase price,” and did not deceive K as stated in the lower judgment, and did not have any intention to deception.

On the other hand, evidence against AL and AM produced by the court below as evidence of guilt is not admissible.

(2) On Article 2 of the lower judgment’s holding, the Defendant did not detain the Defendant against the victim P’s will.

In addition, even if the defendant holds a golf membership certificate, he cannot legally transfer it to another person or offer it as a security, and thus, the defendant did not participate in the process of remitting KRW 2 million from R and B, so the defendant cannot be deemed to have taken the golf membership certificate and KRW 2 million from P.

On the other hand, evidentiary documents of P and V, which the court below decided as evidence of guilt, are inadmissible.

(3) As to the crime No. 3 in the holding of the lower judgment (2014Dadan791), the Defendant, in fact, provided a hot spring site as security, received a loan and then was planned to repay a loan to the victim AD in some of the amount, and thus, could not be deemed as deceiving AD.

(4) As to the crime No. 4 as indicated in the holding of the lower judgment (2014Da3986), the Defendant only issued and delivered a notarial deed in the course of borrowing KRW 170 million from the victim AH, and did not attract B to commit the crime or not deceiving AH.

(5) On January 19, 2012, the Defendant, who received the latter part of Article 37 of the Criminal Act, was sentenced to the suspension of the execution of six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (mariana) and the said judgment became final and conclusive on January 27, 2012.

The crime No. 1 in the judgment below is a crime committed before the above judgment becomes final and conclusive, and the crime No. 2-4 in the judgment is committed after the above judgment becomes final and conclusive.