(영문) 서울고등법원 2017.11.15 2017노1686 | 리걸엔진

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(영문) 서울고등법원 2017.11.15 2017노1686

특정경제범죄가중처벌등에관한법률위반(사기)

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The court below found the Defendant not guilty in the past on the ground that there is insufficient evidence of the crime, which acquired by deceptioning KRW 527,900,00 in collusion with C and E, on May 26, 2014 (part of the judgment of the court below No. 12 and No. 13 in the year table of crimes attached to the judgment of the court below) on the ground that the Defendant committed the crime of deceiving the victim by deceptioning KRW 527,90,00,00 in collusion with C and by deceptioning the victim, and sentenced the guilty guilty on the crime of violating the Act on the Aggravated Punishment

In regard to this, the defendant and the prosecutor appealed only the guilty part, and the prosecutor did not appeal the acquittal part.

Accordingly, the non-guilty portion was transferred to the appellate court, but has already been excluded from the object of attack and defense between the parties, and this part is not judged again in accordance with the conclusion of the judgment of the lower court and the conclusion of the judgment of the lower court.

2. Summary of reasons for appeal;

A. Defendant (misunderstanding of facts and misunderstanding of sentencing) 1 is not aware of the facts that the Defendant is an accomplice, and G only one time, and the victim F voluntarily decided whether to invest in each of the instant businesses, and there was no fact that the Defendant solicited the Defendant to make an investment or induced an investment.

Rather, the Defendant himself has invested more than KRW 500 million in the crime indicated in the instant facts charged, thereby causing damage to the victim. As such, the Defendant did not have conspired with C, E, etc. to commit the instant crime or participated in the instant crime, but the lower court found the Defendant guilty.

B) The Defendant did not receive from the injured party the money stated in 28 to 46 times a year in the list of crimes attached to the judgment of the court below from the injured party as the price for acquiring the money.

Even if the defendant has received money from the damaged person to the defendant's account,

Even if C received money directly from the injured party, the Defendant did not participate in the money, and the Defendant.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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