(영문) 광주고등법원 (전주) 2016.10.04 2016노74

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(영문) 광주고등법원 (전주) 2016.10.04 2016노74

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment below

Part 1 and 2 of the judgment shall be reversed.

The defendant shall be punished by imprisonment with prison labor of two years and six months for the first and second crimes.

Reasons

1. Summary of grounds for appeal;

A. Article 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter referred to as the "Special Economic Crimes Act") is an abbreviationd crime.

According to the facts charged in this part of the alleged damages of violation (Fraud), the amount of damage is KRW 528.6 million, and the amount of damage is KRW 52,109,000,000,000,000,000,000,000,000,0000,0000,0000,000,0000,0000,000,000,0000,000,0000,0000,0000,0000 won, out of the amount of damage of the crime No. 1 of the crime of Article 1 of the judgment as to the part of the victim of the crime of this part of the crime of violation (Fraud) as to the damages of this part of this part of the victim's claim, the defendant made efforts to sell fertilizers of the above victims, but failed to operate due to the delay in the list of the victim E marketing technology, and in case of the victim's products, the above victim's failure to obtain contributions.

B. The lower court’s sentence of unreasonable sentencing (the first and second crimes: imprisonment with prison labor for three years and six months, and the third crimes in its ruling: imprisonment with prison labor for six months) is too unreasonable.

2. Determination

A. 1) Determination on the assertion of mistake of facts or misapprehension of legal principles 1) In a case of fraud involving deception of related legal principles, if there is a delivery of the money by deception, the crime of fraud is established by itself as an infringement of the victim's property, and even if there was a considerable payment or no damage to the whole property of the victim, the establishment of the crime of fraud does not affect the establishment of the crime of fraud. Therefore, even in a case where a part of the money was paid in the crime of fraud, the fraud amount is not the difference between the money given by the victim and the amount deducted from the price (see Supreme Court Decisions 2006Do7470, Jan. 25, 2007; 2006Do7470, Oct.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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