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(영문) 대전고등법원 (청주) 2018.01.25 2017노84
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) 1 through misunderstanding of facts or legal principles - Defendant A (the part of fraud in the name of compensation for the victim S) did not borrow money from the victim S without intent to repay and ability to repay, and the victim S also did not lend money to the Defendant that “T has an amount of KRW 400 million to be paid toT, and T has an amount of KRW 5 billion to be paid by the State as a whole,” but did not lend money from the Defendant. However, the lower court found the Defendant guilty of the part of fraud in the facts charged in the instant case as compensation for the victim S.

2) Sentencing - The punishment sentenced by the lower court (six years of imprisonment for Defendant A, three years of imprisonment for Defendant B, three years of suspended execution) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. As to the Defendant A’s assertion of mistake of facts, the lower court also asserted the same purport as the grounds for appeal in this part.

The court below acknowledged the following facts based on the evidence duly adopted and investigated: (a) although it is recognized that Defendant A transferred 150 million won to T or her husband to AV, it does not seem to have paid interest, etc.; and (b) it did not discuss that Defendant A did not “the victim S with the amount of KRW 400 million received to T, and T has five billion compensation for the inherited real estate.”

T made a statement that 10 million won was lent to T, and the Prosecutor of the Military Prosecutors' Office stated that “A victim S has the amount of KRW 400 million to be paid to T, and T has the amount of KRW 5 billion to be paid for the inherited real estate.”

any compensation from T.

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