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(영문) 대전고등법원 2014.03.21 2013노414
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Part of the judgment of the court below of first instance regarding the fraud against the guilty part (Assault) and the victim AF, and 2.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted each of the defendants on the ground that the prosecutor (the judgment of the court of first instance is erroneous in misunderstanding of facts and misunderstanding of legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and each fraud, even though it is recognized that the defendant was objectively unable to pay each price at the time of each contract of this case, the intention of

(2) Since the lower court found the Defendant guilty of all of the part on which the lower court acquitted the Defendant of unreasonable sentencing, the lower court’s sentencing (a fine of KRW 500,000) should be corrected.

B. The sentencing of the lower court (one year of imprisonment) is too unreasonable for the Defendant (the second instance judgment).

2. Judgment on the prosecutor's assertion of mistake of facts

A. The facts charged in this part of the judgment of the court below (the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and each fraud in the judgment of the court below) are the actual operator of F Co., Ltd. (F) who is the construction and implementation company of the E canal wells in E in terms of harmony.

(1) Around March 26, 2009, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) made a false statement to the victim W who operates the Y at the construction site of the above E canal rain construction site, stating that “The E canal rain is newly constructed in Ethal rain in Ethal rain D, but the cost will be paid within one month by selling it in lots at the highest price after completion of the construction of the Changho Construction site.”

However, in fact, F did not have any specific surplus funds at the time, and did not have any particular company assets except for the Defendant’s investment in the real estate under the name of his family as collateral. Rather, until September 2012, the amount of delinquent local taxes, including corporate tax, in 2009, exceeded KRW 2.0 million, and the total amount of delinquent local taxes was accumulated to approximately KRW 2.053 billion, and the total amount of delinquent local taxes incurred in the construction of the above E canal voucher was compared to KRW 27.86 billion.

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