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(영문) 서울고등법원 2019.06.13 2019노67
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The compensation order part against the victim B andO, which is the compensation order part of each fraud against the victim B andO.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In determining the facts as to the victim D, the Defendant committed a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with regard to the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim D, and the Defendant did not directly explain the victim D's new construction of J apartment or demand for a loan of money, and did not receive KRW 610 million as stated in the facts constituting the crime in the judgment of the court below, but did not receive KRW 610 million as stated in the judgment of the court below, thereby

B) On March 19, 2010, the Defendant did not have received KRW 115 million from the victim E from the victim on or around March 19, 2010. Meanwhile, the Defendant was provided with business expenses from the victim E from January 9, 2009 to August 31, 2013; however, the Defendant could not be deemed to have been deceiving the Defendant since the victim E was provided with business expenses according to its own decision after reviewing its business feasibility. Moreover, the Defendant did not mean that the victim E acquired the land for the J apartment construction project by public auction. Nevertheless, the lower court erred by misapprehending the fact that the Defendant acquired the ownership of the land for the new apartment construction project in Gangnam-gu and Suwon Won.

There is no fact that there is deception that government underground funds will be invested in KRW 400 billion.

The judgment of the court below that recognized the defendant by deceiving the victim C with the above contents is erroneous in misconception of facts.

2) The lower court’s sentence of unfair sentencing [the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), victim E, C, and F respectively, shall be sentenced to imprisonment with prison labor for three years, the victim B, andO in its holding, eight months.

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