(영문) 서울고등법원 2015.03.27 2014노2673 | 리걸엔진

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(영문) 서울고등법원 2015.03.27 2014노2673

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of grounds for appeal;

A. Error 1) Fraud 1) The fact that the Defendant was unable to pay KRW 620,216,350 of the price of non-construction loan. However, it was impossible for K to receive part of the purchase price from BM (AR) to be supplied with non-construction loan funds by the Defendant, and the employee BN was not paid part of the sale price by embezzlement of part of the sale price, and there was no intention to acquire the non-construction loan funds from the beginning. 2) It was related to the fraud of R. 2) It was obtained through a discount of a promissory note with the face value of KRW 25,00,000 from the beginning of construction loan funds in November 201, 2010, which was obtained through a discount of a promissory note with the face value of KRW 25,000,000 from the Defendant, regardless of the Defendant, it was merely the discount of a bill by itself regardless of the Defendant, and it was not expected that the remainder of the promissory note discounted by the victim would have been settled.

3) The fact that the Defendant’s fraud with the victim AH and AL decided to settle within the due date, issued the first and second units of shares, and purchased each loan. However, the current number of shares was defaulted, the Defendant and the Defendant arbitrarily embezzled the payment of the check, and there was no intention to commit fraud only on the wind that did not receive part of the purchase amount from BM, and there was no intention to commit fraud. (B) The lower court’s sentence of unfair sentencing (one year of imprisonment is too unreasonable) is unreasonable.

2. Determination

A. As to the 1H’s assertion of mistake of facts, the lower court is 2-D of the column of judgment on the Defendant’s assertion of mistake of facts.

In full view of the facts and circumstances acknowledged by each evidence duly adopted and investigated in this paragraph, the defendant is supplied with an aggregate of 620,216,350 won from the victim H six times as stated in this part of the facts charged.

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