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(영문) 서울고등법원 2014.07.25 2014노475
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

[Defendant A] The part of the lower judgment against the Defendant is reversed.

Defendant 7 years of imprisonment and fine of 50 million won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment of 12 years of imprisonment and fine of 1 billion won imposed by the lower court is too unreasonable.

B. Defendant B’s punishment of imprisonment with prison labor and fine of KRW 500 million imposed on the Defendant is too unreasonable.

C. Each sentence (the 15-year imprisonment and the 3 billion won fine, the 2-year imprisonment and the 5-year imprisonment) sentenced by the lower court to the Defendant is too unreasonable.

Defendant

D (1) The Defendant, upon C’s request, submitted a 10 billion won fake check, and deposited KRW 10 billion in the account under the name of AZ Co., Ltd. (hereinafter “AZ”), but did not know that the check was a forged check, and did not encourage the Defendant to commit a crime of defrauding KRW 10 billion by using a forged check, the lower court found the Defendant guilty of the part of the charge on the use of forged securities and the part on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the indictment against the Defendant, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine or misapprehending the legal doctrine.

(2) The sentence of 10-year imprisonment imposed by the lower court on the Defendant is too unreasonable.

E. Defendant E’s imprisonment with prison labor of 10 years and fine of 1 billion won imposed by the lower court is too unreasonable.

F. Defendant F (1) misunderstanding of facts and misunderstanding of legal principles are merely introducing AO, a staff member of AC bank, to C upon a request to introduce a bank employee in order to deposit an amount of KRW 10 billion or KRW 30 billion from C introduced through AE and obtain the certificate of balance, and there was not any participation in C and E with the knowledge that they planned to forge a check and commit fraud. Even if the Defendant participated in each of the above crimes, he/she merely introduces AO to C without participating in the process of forging the check of this case.

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