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(영문) 부산고등법원 2021.03.03 2020노386
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the total amount of defraudation (amount of damage) based on the facts charged in the instant case, the initial prosecutor indicteds the Defendant that the sum of the acquired amount was “2,071,100,000 won” in the indictment, but the lower court did not recognize that some of the money (243,940,000 won) was delivered to the Defendant by the victim.

From the perspective of partial innocence (not guilty), the sum of the acquired money of this case recognized by the lower court is “1,827,160,000 won” ( =2,071,100,000 - 243,940,000).

The defendant shall not have taken money by deceiving the victim under the same name as the facts charged.

Since the Defendant was the head of the family, and around January 2007, after he became aware of the opportunity to purchase the head of the Jeju Jeju Jeju Jeju Jeju Jeju High School from the damaged person who was engaged in various businesses as a pharmacist around the Jeju High School, the Defendant developed into an internal relationship without brushing the victim's suspicions.

The Defendant, while living together with the “parent community” during that period (at least ten years around the first half of 2017, up to the first half of 2017), was only damaged by the victim of the daily living expenses, travel expenses, and the amount of money that he promised in advance in return for his living expenses, travel expenses, and slaughter (at least KRW 3 million per month).

Rather, in 2008, the defendant sought money from his relatives in 2008 and borrowed 290 million won to the victim who was receiving business funds.

As stated in the facts charged, the maximum amount of money withdrawn from the victim bank account and deposited into the defendant bank account is not the fraud by the defendant, but the victim was unable to use the bank account under the victim's name while punishing for a long time a divorce lawsuit with the former wife, and the victim was unable to use the bank account under the victim's name. As such, the defendant requested the defendant to find cash or 10,000 won check, etc. from time to time, and the defendant responded to it (as a result, the defendant is once the defendant is bound to do so).

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