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(영문) 서울고등법원 2018.11.01 2018노1802
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of grounds for appeal;

A. H and L’s statement to the effect that the Defendant led to the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) of this case is reliable, and the F’s statement to the effect that he did not participate in the crime is not reliable.

In light of the victim M&A’s respective statements, H’s statements, and meetings between F and the Defendant, etc., it is sufficiently recognized that the Defendant, in collusion with H, F, I, and G as stated in this part of the facts charged, acquired money in advance from the victimized Company as security in collusion with H, F, I, and G for the details of false credit card sales.

Nevertheless, the lower court acquitted the Defendant of this part of the facts charged, and the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. Each of the facts charged in this part is that the Defendant: (a) urged the victimized company to repay to E (hereinafter “E”) in the prior to the extension of the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud); and (b) forged and exercised a document stating that E has a bond in the case Enet in order to escape from gathering it.

Since there is a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the defendant, it is naturally established the crime of forging private documents and the crime of copying the above investigation documents.

Nevertheless, the court below acquitted each part of the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of the judgment of the court below is that the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is committed, and the court below stated in each court below and investigation agency, including H, L, W, X, etc., as evidence that seems to correspond to the facts charged.

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