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(영문) 서울고등법원 2020.01.30 2019노168
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part against the defendant shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

-the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. In full view of the background leading up to the commencement of the project along with E, the circumstance leading up to the Defendant’s account management status, and the amount of damage on the securities account under the name of the Defendant, it can be recognized that the Defendant had the criminal intent of defraudation, and that the Defendant had the relation of accomplice E.

Nevertheless, the court below erred in finding the defendant not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the Act on the Aggravated Punishment, etc. of Specific Economic Crimes) and the charge of fraud among the charges of this case against the defendant.

B. The sentence imposed by the lower court on the Defendant (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is deemed unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged [the violation of the Specific Economic Crimes Act (Fraud) and fraud] is the head of the L Research Institute located in J Apartment K of Gangnam-gu Seoul Metropolitan Government (hereinafter “instant Research Institute”). The Defendant, in collusion with E, the representative of the instant Research Institute, did not invest in shares or take profits from stock investment in Gangnam-gu Seoul, Gangnam-gu and H (hereinafter “instant church”) and the research institute of this case, etc., in collusion with E, and there was no fact that E has made an investment in a venture business or made an investment in a venture business, and even though there was no prior fact that E would have made a listing of the venture business that invested in or made an investment in a venture business, it would raise high profits through stock investment or make an investment in a venture business with high possibility of listing and stock price increase. However, even if there was no fact that E would have made a short contribution from 1 year to 20 years to 30 years to 30 years.

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