logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.08.13 2013노1078
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) misunderstanding of facts: (a) Defendant A, B, and B purchased gold bars with the victim J and M or promoted a laundry of money; (b) retired from office around August 201 and decided with the victims after the victim’s retirement.

After that, Defendant A did not intervene in the foregoing day, and around September 14, 201, Defendant B was found to have been living together and used 1 billion won as debt repayment and living expenses.

In addition, around September 14, 201, Defendant B received a request from O to require the Defendant B’s account in conducting a non-financial transaction from O, and met O, P, name-free broud, victim M, and 2 billion won from the victim M deposited into the said account and moved to the place where there is a non-financial warehouse. While P was talked with the victim, P was transferred to the account under the name of N by finding out KRW 1 billion among them, and P was transferred to the account under the name of NA. The remaining KRW 1 billion was treated as Defendant B’s share, and P was merely a part of Defendant B.

After all, there is only a fact that Defendant B lent his account, and Defendant A and B did not deceiving the victims like the facts charged.

Nevertheless, the court below found the victims guilty on the grounds of the statements made by the victims without credibility. The court below erred by misunderstanding facts, which affected the conclusion of the judgment.

(2) Defendant C had a hearing of talk about the non-financial expense from I and transferred it to P.

Afterwards from Q to the end that Japan purchases the secret funds, and there was no knowledge about how to proceed after the lapse of one time, including Defendant A, B, and Japan.

On September 14, 2011, from P around September 14, 2011, the number of phone calls from P to transfer KRW 1 billion is changed.

arrow