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(영문) 서울고등법원 2019.07.19 2018노3536
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of the grounds for appeal (legal scenarios or mistake of facts);

A. The lower court, in violation of the principle of no accusation, violated the principle of no accusation by recognizing facts constituting a crime different from the facts charged without changing the indictment, and infringed the Defendant’s right to defense.

B. Error of facts as to the purpose and meaning of the preparation of the list of liabilities and G refer to the remaining construction work that remains as of September 2, 2013 on behalf of the Defendant and G on behalf of Co., Ltd. (hereinafter “C”) and the Victim F Co., Ltd. (hereinafter “F”) (hereinafter “instant pen”) on behalf of each of the Defendant and G appears to have been suspended on behalf of November 2012.

(2) In the event that a loan of KRW 8 billion is executed through H Co., Ltd. (hereinafter “H”) after the completion of the instant pension, the entire new construction works, including the instant additional construction works, are referred to as “the instant new construction works” (hereinafter “instant additional construction contracts”) and (2) the acquisition of ownership management rights (hereinafter “acquisition agreement”) with the said additional construction works (hereinafter “instant additional construction works”) to secure the payment of the instant additional construction costs, etc., the instant additional construction works agreed to pay KRW 4 billion as the instant additional construction costs and the previous construction costs.

However, to this end, if this is possible, first of all, a loan of KRW 8 billion, the amount of debt (such as collateral security debt and provisional seizure debt) established on the instant pension site should remain more than 4.5 billion (the amount to be paid to the victim F, KRW 4 billion, KRW 500 million, and KRW 500 million, which will be required to be paid to the victim F). Accordingly, the Defendant demanded that the Defendant set the amount of the debt established on the instant pension site to KRW 3.5 billion, and accordingly, the Defendant set the amount to some of the creditors of the right to collateral security.

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