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(영문) 광주고등법원 (전주) 2019.07.02 2018노251
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. Error of mistake 1) The Defendant is a stock company C (hereinafter “C”) with the victim.

) There was no 20 or more construction companies did not mean to the effect that there was a need for a large number of steel bars upon request for delivery from them, and H Co., Ltd. (hereinafter “H”).

A) Following the acquisition of the Incheon Factory, only requested the victim to increase the volume of transaction. The Defendant provided physical security at the victim’s request, confirmed the value of the collateral directly on the part of the victim, and provided the Defendant with the right to collateral security in the future. Therefore, there was no doubt that the Defendant was deceiving the victim. Therefore, the Defendant supplied the steel bars supplied by the victim to H and P Co., Ltd. (hereinafter “P”), but H unilaterally offseted the acquisition price of H’s Incheon Factory acquired by the Defendant, and P did not pay the steel bars to the Defendant.

As such, the Defendant was unable to pay the non-performance price to the victim due to unexpected circumstances, and there was an intention or ability to pay the non-performance price at the time of the instant case.

Therefore, the criminal intent of defraudation is not recognized for the accused.

B. The sentence of unfair sentencing (two years and six months of imprisonment) by the lower court is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the allegation that there was no deceptionation, the Defendant also asserted the same purport as the grounds for appeal in this part, and the lower court partially 2-A of the “decision on the Defendant and the defense counsel’s assertion.”

In full view of the circumstances admitted by the evidence duly admitted and examined in this paragraph, the Defendant’s assertion that: (a) around June 2013, the Defendant stated that the Defendant would increase the number of goods to be supplied to the construction company to the victim; and (b) the Defendant’s belief that the Defendant supplied the instant steel bars to C may be recognized; and (c) the Defendant’s assertion that the instant steel bars were supplied to C.

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