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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.05.09 2018노2872
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the criminal facts of the Defendant case (each of the criminal offenses against K and L), the Defendant and the Prosecutor did not dispute the judgment of conviction in the lower court regarding the summary of the grounds for appeal.

Accordingly, this Court does not separately decide on the existence of the crime in this part.

Then, only the judgment on the assertion of unfair sentencing, which is considered to be subject to the judgment, was the subject of the judgment.

Defendant

1) In misunderstanding of legal principles, the victim victim D E-general (hereinafter “victim company”) was aware of the so-called “policy contract” concluded for the purpose of acquiring fees, prizes, etc. to be paid to insurance solicitors.

Therefore, there was no deception by the defendant, such as the charge.

B) There is an error in the payment commission stated in the insurance contract part (the charge of the part found guilty by the original trial) as stated in the attached Table Nos. 1, 5, 8, 10-24, 26-4, 59-68, 70-81, 83-86, 89-93 of the crime sight table. Therefore, it should not be recognized that the amount of fraud is obtained based on this. However, the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “Special Economic Crimes Act”), such as the written in the attached Table No.

(2) The judgment of the court below that found the Defendant guilty of a violation (Fraud) is erroneous or erroneous by misapprehending the legal principles. (2) The sentence of imprisonment (three years of imprisonment) imposed on the Defendant is excessively unreasonable.

B. The prosecutor 1) According to the evidence submitted by the prosecutor of the facts-finding examination, the defendant could sufficiently recognize that the defendant had accused the victim company against the whole list of crimes attached to the instant indictment. Nevertheless, the defendant is innocent on the part of the insurance contract indicated in Nos. 2-4, 6, 7, 9, 25, 45-58, 69, 82, 87, 88, 94-97 of the annexed list of crimes, and the violation of the Act on the Aggravated Punishment of Specific Economic Crimes (the charges of fraud).

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