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(영문) 서울고등법원 2018.04.12 2017노2390

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty part against Defendant B is reversed.

Defendant

B A person shall be punished by imprisonment for one year.

(b).

Reasons

1. Summary of Defendant B’s appeal

A. In fact, misunderstanding 1) 2012, Defendant B violated the Act on the AO or Defendant of the AO or the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of the A of

2) In light of the fact that K employees voluntarily collected personnel expenses received from the victim K and delivered them to Defendant B as activity expenses, the Defendant did not embezzled the money of the victim K.

B. The sentence sentenced by the lower court is too unreasonable.

2. Summary of the prosecutor's grounds for appeal against the Defendants

A. Fact-misunderstanding 1) Defendant A and Defendant B lent KRW 400 million to the K for the purpose of paying their own charges with the money borrowed from the bond company in 2011, Defendant A borrowed from the bond company, Defendant A deposited KRW 400 million in G Co., Ltd. (hereinafter “G”), Defendant A withdrawn the money, and Defendant A used to repay the money borrowed as above, and Defendant A purchased the money at a low price among the termination date of the shortage of the project cost due to the above circumstances, and Defendant A and Defendant B pretended to purchase the money at a low price after purchasing the money at a low price.