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(영문) 서울고등법원 2013.11.01 2013노949
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

However, as to Defendant A, this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Although there was a fact that Defendants 1-misunderstanding of facts received KRW 1 billion as investments in the victim E while making the words as stated in the facts charged, most of the above investments were actually used in the company operating expenses, personnel expenses, etc., and the motion picture was produced in the way of ‘3D 3D' and the motion picture produced by the Defendants was also required for the production period through the process of revising the above method. Since there was no criminal intent to obtain the above investment funds from the Defendants, the lower court erred by misapprehending the facts.

2) The lower court’s sentencing on the Defendants of unreasonable sentencing (each of three years of imprisonment with prison labor and five years of suspended sentence are too unreasonable.

B. The lower court’s sentencing against the Defendants by the prosecutor is too uncomfortable and unfair.

2. Determination

A. 1) The lower court’s determination on the Defendants’ assertion of mistake of facts is based on the evidence adopted by the lower court, and the film “F” (hereinafter referred to as “F”) held at a Naman’s hotel on June 2008, when comprehensively taking account of the evidence adopted by the lower court.

At the same time, Defendant B was present in the Si community, and the investment proposal was received from the above Defendant, and the latter was allowed to attend the Si community in which he had been held in a patrolhouse hotel on his behalf on June 2008, and I reviewed the above City community “INFRMATIO MEMMM” by the Defendant B in the above City community, and the above “INFOMATIOMMMMM” was anticipated to be deducted for five years from the year 2009 to the year 2013,238,278,113, and the aggregate of expected operating expenses for five years from the above total operating expenses.

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