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(영문) 서울고등법원 2019.02.08 2018노2287
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

All appeals filed by A and C and prosecutor against the Defendants are dismissed.

Reasons

The summary of the grounds for appeal is that the victims of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, hereinafter referred to as the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes") have promoted or silented the defendant

Even if the victims did not encourage or impliedly encourage false transactions.

Even if the defendant believed that false transactions are conducted under the victim's implied consent, so there is no intention to commit fraud against the defendant.

When the victim G Co., Ltd. (hereinafter referred to as “victim G”) issues scoophones, it is inevitable to incur the same loss regardless of whether it is a real transaction or a false transaction. Therefore, there is no substantial damage caused by the victim G due to the instant fraudulent transaction.

Rather, due to the instant fraudulent transaction, the victim G showed the amount equivalent to 0.64% of the settlement amount between the Defendant and the Defendant (6.64% of the service user fee rate - discountd discount rate 6%), and the Defendant suffered damages equivalent to the same amount. However, the Defendant was able to obtain economic benefits by receiving the 1.79% capital white service from the card company.

Since the victim G did not have any property damage due to the fraudulent transaction in this case, the crime of fraud is not established.

The sentence of unfair sentencing by the court below is too unreasonable.

Defendant

C. Regarding the misunderstanding of facts and the violation of the Specific Economic Crimes Act (Fraud), the defrauded is an important part to determine the causal relationship between deception, mistake, and dispositive act in fraud.

However, this part of the facts charged does not clearly specify who the defrauded is, so this part of the facts charged is not specified.

The victim JJ Co., Ltd (hereinafter referred to as the "victim J") shall conduct false transactions in order to increase the amount of sales.

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