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(영문) 대법원 2016.05.26 2015도15554
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below reversed the judgment of the court of first instance that found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to the cancellation of the registration of the right to collateral security on Daegu-J, P, Q land among the facts charged in this case against the defendant, and found the defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). It is just to maintain the judgment of the court of first instance that acquitted the defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to the borrowed amount of KRW 500 million and the fraud related to the Promissory Notes amount of KRW 20,50,000,000 as it is, and there is no error of law by misapprehending the legal principles on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and deception in fraud

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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