특정경제범죄가중처벌등에관한법률위반(사기)등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
Summary of Grounds for Appeal
misunderstanding of facts: Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) the defendant did not dispose of steel products as dumping and did not actually dispose of them as dumping.
According to the prosecutor's investigation report, the Defendant purchased steel products from R Co., Ltd. (hereinafter "R") in KRW 104,009,40 on May 17, 2012, and sold them in KRW 98,736,00 on the same day (hereinafter "Y") and purchased steel products in KRW 42,985,80 on May 23, 2012, and sold them in KRW 40,497,70 on the following day. However, each of the above sales discount rates is limited to KRW 5,5.6%, and there were reasons for discount.
In other words, at the time, R did not sell it as a product by supplying defective products with a strong thickness of steel co-owners.
In addition, it is also erroneous to determine that only two transactions among the entire transactions are removed and dumping.
The defendant did not have the intention of deception as to the absence of the intention of deception.
The defendant is not a public offering of fraud, but only a business with security provided.
As the Defendant had consistently asserted since the investigation agency, the Defendant was unaware of the fact that M and N entered into a sales contract with the victims regarding the instant real estate, was refused to receive a proposal for a sales contract from M and M around December 9, 2012, and was aware of the fact that the Defendant first entered into a sales contract after obtaining a certificate of the content of the horse on December 2012.
In light of the necessity of sale, the defendant company needs only a security to be supplied with steel and there is no need to purchase real estate from many funds.
The Defendant remitted to M KRW 923,00,000 and N (in the name of AM used by N) KRW 69,000,000 to M. In collusion with M, N, etc., the Defendant intended to provide a security without any think of the first repayment.