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(영문) 서울고등법원 2014.03.28 2013노3568
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

All appeals filed by A and the prosecutor against the Defendants are dismissed.

Reasons

Items (j)

I. Summary of the grounds for appeal 3

1. Defendant A’s grounds for appeal

2. Grounds for appeal by a prosecutor;

Ⅱ. Judgment 5

1. Judgment on Defendant A’s assertion of misunderstanding of facts (Fraud) 5

A. As to the assertion that the victim was not an investment only in the business of supplying the victim 5

B. As to the assertion that at the time of receiving the investment funds, the recipient’s supply project still remains valid

C. Regarding the financial situation of Defendant and its operating companies 10

2. The prosecutor's argument that the defendant A violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is erroneous or misunderstanding the legal principles

A. Summary of the charge 12

B. The judgment of the court below 14

C. 171) Determination of related legal principles 182) Determination 18A) Whether the Defendant and N had the exclusive right to the M affiliated goods on the part of the Z, 19B as to whether the Defendant and N had the exclusive right to the M affiliated goods and deceiving the Defendant into deception 21) 21

3. Judgment on the misunderstanding of facts or misapprehension of legal principles concerning the prosecutor's evasion of compulsory execution

A. Judgment on the grounds of appeal by the prosecutor (mainly charged part) 231) Judgment on the main facts charged 232), the judgment of the court below 253 party decision 28

B. Judgment 291 on the ancillary charges of this part added at the trial 291 on the ancillary charges of this part 29) Judgment 29331 on the ancillary charges of this part

4. Judgment on the assertion of unfair sentencing by Defendant A and the prosecutor on Defendant A’s sentencing

III. Conclusion 32

I. Summary of the grounds for appeal

1. Grounds for appeal by Defendant A;

A. misunderstanding of facts (Fraud) the above Defendant did not receive investment from the victim Q, but received investment throughout the overall business operation of K stock company, and the effect of the business of supplying the victim at the time of receiving the investment money is maintained, and thus, it does not mean that the victim Q by deceiving the victim Q was obtained the investment money.

B. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

2. A prosecutor;

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