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(영문) 서울고등법원 2014.09.05 2014노735

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal: The lower court found the Defendant guilty of this part of the facts charged on the premise that the Defendant’s name of KRW 700 million received from the Victim F and G on March 6, 2012 constituted “political funds” rather than “political funds”.

However, on March 7, 2012, the Defendant received KRW 700 million from the victims and received KRW 700 million from the victims and received the said KRW 700 million from the victims on March 7, 2012 as political funds. Therefore, the lower court erred by misapprehending the facts.

2. Determination:

A. In light of the following facts and circumstances acknowledged by the court below based on the comprehensive review of the adopted evidence, the court below held that the victims F and G jointly operated the AL Co., Ltd. (hereinafter referred to as "AL") as a husband and wife (F means the chairperson, G means the representative director), and that they decided to make an investment in the Defendant and remitted the AL’s corporate funds to the Defendant. Thus, it is reasonable to view that the victims’ legal interests are the same as the victims’ legal interests since they did not differ from the case where the victims form a single company. Accordingly, the fraud in the facts charged in the instant case constitutes a blanket crime.

(See Supreme Court Decision 201Do769 Decided April 14, 2011 (see, e.g., Supreme Court Decision 2011Do769). On March 6, 2012, depositing KRW 700 million into the account of the Defendant E Co., Ltd. (hereinafter “E”) operated on March 6, 2012, determined that the deposit of KRW 700 million was not a “political fund” but

1) The victim F consistently stated in the investigative agency and the court of the court below that “The Defendant paid KRW 700 million to the Defendant for materials for D gratuitous construction.” Around January 2012, the Defendant, along with the victim F and G, makes oral support to the Defendant to the Defendant for KRW 150,00,00,000, in Mongolian Traditional City, Ulan City public officials H et al., Ulan City, Ulsannan City public officials, etc., free of charge.