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(영문) 서울고등법원 2013.07.18 2013노800
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The remainder, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (five years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. On June 3, 2013 and July 9, 2013, an ex officio judgment prosecutor filed an application for changes in the indictment of this case as stated in the following "criminal facts". Since this Court changed the subject of adjudication by granting permission, the remainder of the judgment below excluding the rejection of the application for compensation order among the judgment below excluding the rejection of the application for compensation order is reversed.

3. If so, the remaining parts of the judgment of the court below, excluding the rejection of the application for compensation order, are reversed ex officio. Thus, without examining the allegation of unfair sentencing by the defendant and the prosecutor, the remaining parts of the judgment below excluding the rejection of the application for compensation order among the judgment below pursuant to Article 364(2) of the Criminal Procedure Act are reversed, and the

Criminal facts

From around 2008, the Defendant borrowed the principal of and interest on bonds with interest and repaid the principal and interest to the bond company, loan company, etc. with interest and interest borrowed from the bond company, loan company, etc. to repay the principal and interest of the existing bonds with interest and interest in interest and interest, etc. In short, the principal and interest became more than KRW 200 million with interest and interest to become more than KRW 200 million with the above method, thereby making it difficult to collect money from the principal and interest.

The defendant is false to ensure that the principal is guaranteed and the high-income is paid every month because he/she has made an investment because he/she has arranged the real estate mortgage loan to a financial institution and received a high-amount revenue from the financial institution against a person who was introduced through the school parent group, bowling club, apartment residence, etc. of his/her children, or through his/her branch.

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