logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2014.09.19 2014노31
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants promised to pay the costs of loan interest, etc. within six months even if the security for the obligation of KRW 4 billion has already been established on the pent site (the fraud caused by the substitute loan) against all the Defendants, and the sale of the site was uncertain. In light of the fact that the Defendants did not transfer the ownership of AY, AX, and AZ to the victimN, the intent of defraudation by the Defendants is recognized.

NN was granted a loan under the knowledge of the Defendants’ financial difficulties, and if the Defendants knew that the agreement was not observed, it would not be granted a loan. Therefore, it is also recognized that NN was absent from mistake such as the facts charged.

B. According to Defendant A’s statement, Defendant A’s (i) completed a pention until December 2009, but the pention was delayed, and if Defendant A borrowed money, it would be paid after the completion of the pention and would be the completion of the pention, and there is a causal link between Defendant A’s criminal intent and DefendantN’s damage.

Since the security amounting to approximately KRW 4 billion has been established on the Sheet site, in the situation where the sale of the pented site is uncertain, the act of deception is recognized since it was intended to sell the pented site on credit and pay the price on credit.

2. Determination on the prosecutor's grounds for appeal

A. (i) With respect to all the Defendants, the Defendants conspired with the summary of this part of the facts charged from June 201 to December 201, 201, and in order to arrange the loans, etc. for pention Corporation with loans secured by pention site, we will pay not only the loaner but all the incidental expenses within six months if they lend the debtor’s name. If one month is delayed, AX, AY, and A owned by C.

arrow