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(영문) 서울고등법원 2014.11.13 2014노1862
사기등
Text

Defendant

All appeals filed by A, E, F, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A, Defendant A, and Defendant E have exchanged one of the two hundred and fifty million won old North Korea in a market price, Defendant A received money from Defendant E and delivered the above old North Korea in order to repay it, there is no relevance to duties. Nevertheless, the lower court found Defendant A guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes or the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (property, etc.) with respect to this part of the facts charged, and there is an error of law that affected the conclusion of the judgment by misunderstanding of the facts, which affected the conclusion of the judgment. 2) The lower court sentenced Defendant A and E to each sentence (Defendant A: imprisonment of one year and six months, suspension of qualification, suspension of qualifications of one year, fine of two hundred and five million won, and additional collection of two hundred and five million won).

B. The lower court found Defendant F guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes against Defendant F by misapprehending the legal doctrine on the specification of the facts charged and the legal doctrine on the above crime as follows, which affected the conclusion of the judgment. ① The facts charged against Defendant F is that “Defendant F was provided once in the room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room room

C. Prosecutor: With respect to misunderstanding of facts and misunderstanding of legal principles, fraud by the use of computers, etc. of Defendant A, E, and F, and fraud by Defendant D’s computer, etc., Defendant A, E, and F, with respect to the allocation of tax-free petroleum by agricultural cooperatives, shall have the equivalent property benefits to the reduced or exempted tax amount.

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