(영문) 서울고등법원 2018.07.20 2018노1151 | 리걸엔진

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(영문) 서울고등법원 2018.07.20 2018노1151

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

Of them, the part concerning Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for two years.

However, the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the lower court sentenced the Defendants (two years of imprisonment, three years of suspended sentence, three years of suspended sentence, and two years of imprisonment) is too unreasonable.

2. Determination

A. The crime of this case with respect to Defendant A was committed by Defendant A by deceiving the Victim Credit Guarantee Fund and submitting a credit guarantee certificate in collusion with Defendant C to the financial institution, thereby allowing the Victim A to repay the above money by failing to obtain a loan for partial repayment of corporate facilities in excess of KRW 3 billion. On the other hand, Defendant C and the first instance trial joint Defendant B were present as witness for the case, and were unaware of the fact that the construction permit had already been revoked before submitting the false construction contract to the Credit Guarantee Fund.

The evidence reveals that the nature of the crime was poor in light of the circumstances, etc., the necessity of punishment is high as the crime of this case causes a large amount of loss to public funds operated as taxes by the people, and Defendant A is likely to be criticized as designing and leading the entire process of this case from the beginning. Defendant A transferred the instant construction to J and the Defendant C with the instant construction to commit the crime of fraud, thereby gaining approximately KRW 700 million profits, etc. are disadvantageous to Defendant A.

On the other hand, Defendant A recognized all of his criminal acts and is against the truth, and the injured party A received dividends of KRW 28 million by conducting an auction on the share of land owned by Defendant A, and Defendant A repaid the amount of KRW 200 million separately. Accordingly, the injured party Credit Guarantee Fund does not want the punishment of Defendant A.

In addition, compared to the first instance court, the conditions of sentencing are changed.

유사 판례

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-대구고등법원 2014.09.04 2014노40