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(영문) 부산고등법원 2020.11.04 2020노211
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

Reasons

The court below rejected B’s application for compensation, and the applicant for compensation was unable to file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the above application for compensation became final and conclusive immediately. Thus, the above application for compensation is excluded from the scope of adjudication of this court.

2. Summary of grounds for appeal;

A. 1) 50 million won violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was mediated by the Defendant on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) that if the Defendant borrowed KRW 500 million to the victim B as stated in the facts charged, he did not deceiving the victim B to pay the principal and interest calculated at the rate of KRW 1:1,00,000 in total as soon as the PF loan related to the Q housing development project was implemented, and the victim, by his own negligence, lent KRW 500,000 as business funds in an intentional manner for the fact that the Q housing development project was not implemented. 2) The Defendant attempted to invest KRW 1.965 billion in the part of the Act on the Aggravated Punishment, etc. of Specific Economic Punishment, etc. of Specific Economic Crimes (Fraud) that the victim would contribute to the housing project, and there was no deception by the Defendant that the victim would give 300% share of the housing project, sales agency and advertising right in return for the investment funds to the victim.

3) The Defendant is recognized as having prepared a document with respect to the forgery of each private document concerning a written request for funds, a loan, and a sales agency contract, without I’s consent, with respect to the part concerning the forgery of a private document prepared around July 1, 2015 at the lower court and the trial court. Meanwhile, the Defendant asserted that the victim knowingly prepared and requested the document to be delivered, but it is difficult to obtain it. The Defendant did not forge a written request for funds in the name of the H inception Bank and a written contract for loans and sales agency contract signed on July 1, 200.

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