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(영문) 서울고등법원 2014.06.12 2013노2653
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment of three years and six months, Defendant B's imprisonment of one year and six months, and fine of twenty thousand won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A: In fact, Defendant A was thought to develop an industrial complex and sell it to the victim G and N, and there was no fact that the said victims said that the contract deposit was paid in KRW 1 billion. Thus, there was no fact that the said victims were deceiving the sale price by deception.

G is an investment by hearing the development plan of industrial complex from B who is a public official of J viewing and making an investment decision, and N also has invested since G has already made an investment and it is a public official of B, so it is not an investment by deceiving from the accused.

B) Since N in the part of the P transfer fraud part of the Defendant Company N in the victim N showed first interest in the P transfer fraud part, and the Defendant was the business introduction, the Defendant did not deception. Although the Defendant had production capacity, the Defendant did not deceiving Q from the development of an industrial complex and the Defendant was detained and prevented from producing Q, and the Defendant did not know that Q was well aware of the business, and that Q was well aware of the business.) There was no fact that the Defendant used the provision of bribe to B from September 9, 2010 to October 20, 2010. However, on August 14, 2010, there was no fact that the investment company borrowed 10 million won to B, who was the wife of the victim, to B, and that the investment company was unaware of the victim’s investment obligation to B, and that the investment company did not deceiving the victim’s investment obligation to B, and that the investment company was merely an investment company to B, with respect to the Plaintiff’s financial status.

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