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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2015.10.15 2015노1359
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The guilty part of the judgment of the court below and the innocent part of the judgment of the court below shall reverse the morale of the victim M.

Defendant shall be punished by imprisonment.

Reasons

Summary of Grounds for Appeal

Defendant

The fact that the defendant was supplied with the original unit from the victim G is true, but the defendant tried to pay the original unit price to the victim with the proceeds of selling the finished product, such as the production of the original unit after entrusting the processing of the original unit to the pregnant processor, and it was only impossible to pay the original unit price due to the delay in supply by the pregnant processor. Therefore, there was no criminal intent of fraud.

Therefore, the judgment of the court below that found the defendant guilty on this part of the facts charged is erroneous in misconception of facts.

The sentence of unfair sentencing (three years of imprisonment) by the lower court is too unreasonable.

With respect to the fraud of the victim P among the acquitted portion of the lower judgment by the prosecutor (the fraud against the victim M.) (the prosecutor also states the scope of the appeal in full) but the prosecutor did not state in the statement of grounds of appeal submitted by the prosecutor, this part of the appeal is unlawful and dismissed (the appeal is subject to the dismissal decision in principle). This part of the appeal is not determined separately except for the dismissal decision (the appeal is subject to the dismissal decision in principle).

Although the court below recognizes the defendant's criminal intent to acquire the victim G, it is inconsistent with each other to deny the defendant's criminal intent to acquire the victim M which was made thereafter.

Around April 27, 2013, the Defendant agreed to pay part of the price to the victim M as a prior settlement cycle, and did not pay the price even after being supplied with finished products from the victim M. Therefore, the Defendant is deemed to have committed fraud.

Therefore, the judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous in misconception of facts.

Judgment

In order to reach the judgment of ex officio, the prosecutor will keep the fraud of the victim M in the facts charged in the instant case and then use the ancillary facts charged below.

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