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(영문) 서울고등법원 2013.09.06 2011노1950 (2)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal;

A. In around 2006, the Defendant, purchased from the U.S. pop-up furniture store located in the Paris Warsaw Unit in Paris, by deceiving G and H (hereinafter “the instant forest”) as a profic picture by deceiving 101cc x 101cc n’s “O” picture (hereinafter “the instant forest”) to G and H (hereinafter “C and H”), and by deceiving 2.5 billion won.

B. The Defendant asserted that the amount of KRW 2.5 billion received from the complainants was only the attempted amount of K’s “AO” (hereinafter “AO”) that sold the instant forest to the complainants prior to the drying cycle and was not received. However, the Defendant did not sell the AO forest to the husband and wife who was the complainants.

C. The Defendant’s assertion related to AW in Paris, as the place where the Defendant’s statement about the CA was transported from CA to Korea in France or purchased AO pictures, is difficult to believe even in light of the CA’s statement or the AW’s statement.

Even in light of BW or Z’s statement, the court below rejected the complainant’s statement and acquitted the Defendant on the grounds that the complainant’s statement was erroneous.

2. The facts charged and the judgment of the court below

A. The summary of the facts charged in this case 1) 1 - The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim R in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on May 208, 208, presented to the complainant’s husband and wife a photograph of poppy N’s “O” in the “M Dental” operated by the husband and wife located in Seocho-gu Seoul Metropolitan L, and “this is a photo of “O” in 101cm of N which is suffering from the Paris located in the Paris located in the Paris located in France x 101cm of N which is the 1965 cm of “O” in 1965. The original poppy list is characterized by several different types of pictures. This is the original 152 cm x 152 cm of the head of the German Part gallery located in the Paris located.”

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