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(영문) 서울고등법원 (춘천) 2018.10.10 2018노102
특정경제범죄가중처벌등에관한법률위반(사기)등
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The judgment below

The guilty portion shall be reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 is guilty of the facts stated in the judgment below. (1) The Defendant had the intent and ability to pay the construction cost to the Victim E Co., Ltd. (hereinafter “E”), and there was a definite plan to pay the construction cost through the loan.

Therefore, even though the representative director of S Co., Ltd. (hereinafter “instant company”) was replaced to R for the loan as required by the victim’s side, the loan was not completed on November 30, 2015, which was the date of completion promised by the victim.

Therefore, the defendant did not deceiving the victim.

(2) In addition, the amount of KRW 2.257 million is the amount agreed on the premise that the defendant would cancel the right to collateral security, waive the right to collateral security, and return the name of the representative director instead of paying the victim KRW 2.257 million to the victim. The defendant acquired profits equivalent to the above amount in the situation that the victim did not perform such duty.

shall not be deemed to exist.

B) Criminal facts II in the judgment below. The Defendant did not borrow money from the victim G, and only decided to pay KRW 50 million out of KRW 110 million borrowed from B as G money.

Therefore, the defendant does not have the fact of deceiving the victim and deceiving the borrowed money.

B) Criminal facts III. The Defendant was able and able to repay the borrowed money from the victim B in the judgment below.

However, the injured party could not get a bank loan and could not pay the borrowed money.

In addition, the defendant did not borrow money from the damaged person as appraisal expenses, and the victim entered into a business agreement with the defendant, etc.

It is judged to lend money.

2) Punishments sentenced by the lower court (one year and six months of imprisonment).

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