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(영문) 서울고등법원 2017.02.03 2016노3154
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The part of the judgment of the court below regarding the defendant's case (including the part not guilty of the grounds) shall be reversed.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. As to the non-guilty part No. 1-b. (1) of the judgment of the court below as to the misunderstanding of facts and misunderstanding of legal principles, according to the victim E’s statement, etc., the defendant newly borrowed money as stated in this part of the facts charged, and thus, separate fraud is established as to this part of the non-guilty part.

Nevertheless, the lower court erred by misapprehending the legal doctrine on “new legal interests infringed” in fraud, thereby acquitted the Defendant on this part of the charges.

B) As to the non-guilty portion No. 1-B(2)-2 of the judgment of the court below, according to the reliable victim E’s statement and process deed, loan certificate, etc., the defendant may be recognized to have received money from the above victim as stated in this part of the facts charged.

Nevertheless, the lower court erred by misapprehending the facts and not guilty of this part of the facts charged.

C) As to the non-guilty part No. 2 of the judgment of the court below, according to the statement of the victim O with credibility, the defendant was paid money from the above victim as stated in this part of the facts charged.

Nevertheless, the lower court erred by misapprehending the facts and not guilty of this part of the facts charged.

D) As to paragraph (3) of the part not guilty in the judgment of the court below, in light of the fact that the defendant did not have sufficient means to pay guidance to the members at the time of the act indicated in this part of the facts charged, and that the defendant escaped, there was a criminal intent to defraudation as to the act stated in this part of the facts charged.

Nevertheless, the lower court had the criminal intent to obtain fraud by reason of the circumstances such as the Defendant’s normal operation of the previous system, etc.

It is difficult to see

On the other hand, the lower court acquitted this part of the facts charged.

2) The sentence of the lower court’s improper sentencing is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable as it is too unreasonable.

2. Determination:

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