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(영문) 서울고등법원 2018.08.30 2018노343
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment of 12 years, 8 years, and 6 years, respectively.

Reasons

The summary of the grounds for appeal is as follows: (a) each loan specified in the list of crimes committed by Defendant A (misunderstanding of facts or misunderstanding of legal principles) in the list of crimes committed by the Defendant A (hereinafter “the list of crimes committed by the lower court”) in attached Table of the lower judgment (hereinafter “the list of crimes committed by the lower court”); (b) in order to specify the attitude of deception, there is a “act of deception” indicating ① intent of repayment and ability, ② appropriation in excess, and ③ three items to be provided by duplicate security, and there is a “influence” to indicate whether there is any collateral.

In this regard, deception ① deception on the intention to repay and the ability to repay ② The amount of the temporary loan of the financial institution as security provided for overlapping collateral is considered to be all loans.

The term "excess loans" refers to some loans, and some loans include the details of appropriation for the relevant excess loans.

The term "duplicated provision of security" is a blank for some loans, and some loans contain the details of duplicate provision of security, and even in this case there is a case where a security provided to a third party after the victim's security has been provided as a duplicate security (hereinafter referred to as "second priority security"), and there is a case where a security provided to a third party is provided as a duplicate security to the victim after the third party has been provided as a security.

The term "non-affort" means some loans in blank, and some loans are written as "no present security".

Since loans in the list of crimes A, B, and C of the judgment of the court below are all bonds secured by meat, there is deception on the intention to repay and ability to repay if effective bonds are offered.

shall not be deemed to exist.

In doing so, loans falling under the following three types among the above loans are provided as effective security.

First, in the list of crimes in the court below, the term "an appropriation" and "an offer of double security" is the same as that of the "an offer of double security", and the term "non-an appropriation" is not the excessive appropriation of the security provided to the victim.

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