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(영문) 서울고등법원 2017.08.24 2017노557
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant was in a state of mental and physical weakness due to the symptoms of mixed sexual intercourse caused by the adultery.

2) The lower court’s improper sentencing is too unreasonable.

B. Comprehensively taking account of the evidence submitted by the prosecutor, such as mistake of facts, the court below may fully recognize the fact that the defendant deceptioned the victim N as stated in the crime list as stated in the judgment below and acquired the total of 678,630,000 won by deceiving the victim N, and even though this part of the crime was related to a single comprehensive crime, the court below has a relation of substantial

In light of the court below's decision, the court acquitted the defendant as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at Nos. 1 through 7 of the crime sight table in the decision of the court below, and acquitted the defendant as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at 8 through 14 of the crime sight table in the decision of the court below. The court below erred by misapprehending the legal principles

2) Improper sentencing of the lower court is deemed unreasonable.

2. Determination

A. On May 20, 2007, the Defendant’s summary of this part of the facts charged is difficult to conduct business under the name of the bank branch office, because it is a bank branch office in order to conduct a hotel business in China, a golf course construction business in Thailand, and a Vietnam apartment business in the Seocho-gu Seoul metropolitan branch office located in the Seocho-gu Seoul Metropolitan Government.

Therefore, it is necessary to establish a corporation that represents four types of directors, and there is a need for funds to lend money. On the other hand, four types of directors will be given KRW 400 to 50 million each month, while H will be registered as directors of the company and KRW 1,000 to 20 million each month.

In addition, it made a false statement that the household company run by Neas will be given a right to supply to the household company.

However, at the time of fact, only a review was conducted on the business promoted by the defendant.

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