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(영문) 서울고등법원 2016.09.01 2016노289
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

As to each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Regulation on the Aggravated Punishment, etc. of Specific Economic Crimes related to the misunderstanding of facts, the Defendant attended the event held by E in accordance with the terms of the V building purchase service contract concluded between G, H, etc. which is the operator of the I Group, and provided explanation about the purchase of the building. In collusion with G, H, T, U, etc., the Defendant did not acquire money from investors or receive money without legitimate permission.

As to the violation of the Attorney-at-Law Act related to E (Article 1 (c) of the facts constituting the crime in the judgment of the court below), the defendant did not receive cash of KRW 126 million from T as a solicitation to a public official.

E-related fraud (paragraph 1 (d) of the criminal facts in the judgment of the court below) has no intention to acquire money in borrowing KRW 70 million from T.

As to the fraud related to the F Internet auction site (Article 2 of the criminal facts in the judgment of the court below), the defendant did not agree to guarantee the principal or deception AF, etc. when he received money from AF, etc.

There was no intention of fraud by the accused.

As to the fraud of the borrowed money to AH (Article 3 of the criminal facts in the original judgment), the defendant had two vehicles at the time of borrowing money from AH at the time of borrowing money from AH, and there was no intention to obtain the money by fraud by the defendant.

The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

Prosecutor: The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unjustifiable.

Judgment

Article 30 of the Criminal Code is jointly committed by two or more persons with regard to the defendant's assertion of mistake about violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the Act on the Regulation of Conducting Fund-Raising Business without Permission.

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