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(영문) 대전고등법원 2018.06.22 2017노527
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant

D shall be punished by imprisonment for a term of two and a half years, and by imprisonment for a term of three years, respectively.

(e).

Reasons

1. Summary of grounds for appeal;

A. Of the guilty portion of the judgment of the first instance court, Defendant D1 did not request DB to forge each lease agreement, and Defendant D did not have requested DB to forge each lease agreement, and there was no fact that Defendant B submitted the said lease agreement to the joint Saemaul depository and conspired to obtain the loan by fraud.

Nevertheless, the first instance court found Defendant D guilty on each of the above crimes. It erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B) Of the judgment of the court below of the second instance, the establishment of a charnel house acquired by Defendant D, etc. in the part of the judgment of the court below was acquired through normal court auction process, and Defendant B had the right to sell the house properly.

In addition, the victim Y was aware of the situation of the above charnel house establishment group by Defendant D, etc.

B. The defendant D was aware that the defendant B or E acquired money from the victim Y.

Therefore, Defendant D does not acquire money intentionally from the victim Y.

Nevertheless, the second instance court found Defendant D guilty of fraud against the victim Y. In so doing, it erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

2) Sentencing of the lower judgment’s unfair sentencing (one year and one year and one year and one year and one year of the lower judgment’s imprisonment) is too unreasonable.

B. Defendant B did not participate in the forgery of each lease agreement by Defendant D, and did not know such circumstances.

In addition, there is no fact that Defendant B has used forged each lease contract by submitting it to the joint Saemaul Treasury.

B. The defendant B is the victim by the defendant D.

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