(영문) 서울고등법원 2017.11.10 2017노2294 | 리걸엔진

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(영문) 서울고등법원 2017.11.10 2017노2294

특정경제범죄가중처벌등에관한법률위반(사기)

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The prosecutor's appeal is dismissed.

Reasons

1. The loan agreement prepared by the injured party of the Reasons for Appeal by delivering KRW 1 billion to the Defendants, which read “This agreement shall be paid KRW 1 billion to the Defendants at the financial cost in relation to the loan of KRW 7.5 billion which is the down payment for the conclusion of the contract for the MA and Busan H shopping building building (hereinafter “the instant building”).

In light of the victim’s statement, etc., the above 7.5 billion won of interest costs incurred in borrowing the above 7.5 billion won is less than KRW 200 million, but the Defendants made a false statement that the interest cost is KRW 1 billion to the victim and acquired the above 1 billion of interest costs.

Nevertheless, the use of the above KRW 1 billion has been specified as financial costs.

The judgment of the court below which acquitted the charged facts of this case on the ground that it cannot be seen as being erroneous.

2. Based on the evidence duly admitted and examined, the lower court found the Defendants not guilty of the instant charges on the ground that it is difficult to readily conclude that the Defendants deceptioned the victim with respect to the financial costs necessary for raising down payment, or that the use of the said KRW 1 billion was specified as financial costs.

In light of the following circumstances admitted by the court below based on the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable, and there is no error in the misapprehension of facts as alleged by the prosecutor.

The prosecutor's above assertion is without merit.

In the prosecution and the court of the court below, the victim "after the last two months, the defendants may return 1 billion won as they are, and there was no interest, and there was no interest, and the profits are divided by operating the same business.

was made.

Defendant

A shall be KRW 7.5 billion if four (victims) pays KRW 1 billion and KRW 500 million (A).

유사 판례

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