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(영문) 서울고등법원 2018.11.01 2018노1508
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) Defendant A had the ability and intent to secure mistake by engaging in a fishery business for more than 10 years, and there was no other conspiracy between Defendant A and Defendant B.

Rather, E first proposed a secured loan, and E and Defendant B accessed Defendant A with a credit with a long time limit for shipment.

Although the credit was cancelled on October 13, 2011, the re-issuance of the credit was delayed due to E's mistake.

In order to reduce the interest burden, Defendant A invested KRW 100 million out of the loans in other places.

Defendant

A was the principal debtor of the loan debt, and there was no reason to believe E, etc.

Although the court below found the defendant guilty of the facts charged, there is an error of law by misunderstanding the facts and affecting the judgment.

2) Defendant B merely dealt with the practical work according to the direction of E at the time of the instant case, with the relationship between Defendant B and Defendant B’s heart and the amount of KRW 1 million per month. However, Defendant B kept part of the loans for the promotion of E’s contribution because it was impossible to fully trust Defendant A.

On the other hand, there was no intention to commit fraud without deceiving E.

Although the court below found the defendant guilty of the facts charged, there is an error of law by misunderstanding the facts and affecting the judgment.

B. Each sentence (for the Defendants, 4 years of imprisonment) sentenced to the Defendants in the lower court’s argument of unfair sentencing by the Defendants is excessively unreasonable, and the determination of each sentence is unfair.

2. Determination

A. According to the evidence duly admitted and examined by the lower court as to the Defendants’ assertion of mistake of facts, the following is sufficiently acceptable: (a) various circumstances acknowledged in the judgment below’s 5 pages or lower; and (b) the aforementioned facts are sufficiently acceptable.

In addition, Defendant A received a real estate security loan with the consent of the victims in the event that Defendant A purchased 500t 500t for export immediately, and Defendant A received the real estate security loan.

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