특정경제범죄가중처벌등에관한법률위반(사기)등
All appeals filed by the defendant and prosecutor are dismissed.
Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles regarding the Defendant’s assertion of fraud against K Co., Ltd. (hereinafter “K”), ① used 300 million won as investment money for the purpose of receiving KRW 300 million, but did not return the investment money, ② in the event of fraud against S and the event of the above-mentioned investigation documents related thereto, S was well aware that it was a forged document. ③ In the case of fraud against X, even though X was involved in the transaction of X and Y viewing, it was merely a failure to secure additional quantity, and ④ in the case of AAA (hereinafter “A”), it was not delivered at the time due to changes in the market price of scrap iron, and ⑤ in the case of fraud against AI, the Defendant did not request for the settlement of the amount of scrap metal that he first received from AI, but did not comply with the request, and ④ in the case of the removal of the remainder of the claim amount of KRW 200,000,000,000 for the Defendant’s money to be deducted from AM.
Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, which found all of the charges of this case guilty, thereby affecting the conclusion of the judgment.
Judgment
The defendant also asserted in the court below, and denied the crime, and the court below, as the evidence, under the title of the "Decision on the argument of the defendant and his defense counsel" in the judgment, shall be the same.