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(영문) 서울고등법원 2017.03.22 2016노3975
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. A. On March 10, 2013, the lower court erred by misapprehending the facts, which led to the conclusion that the Defendant could not recognize the fact that the Defendant had no capacity to repay or intent to repay the borrowed money at the time of borrowing KRW 40 million from the victim G on March 10, 2013. However, even if it was recognized that the Defendant received and acquired the said money under the pretext of borrowing without the intent to repay the borrowed money, the lower court erred by misapprehending the fact, and thereby did not recognize the fact that the Defendant had no capacity to repay or intent to repay at the time of borrowing.

2) The sentence sentenced by the lower court to the Defendant (one year and six months of imprisonment) is too unhued and unreasonable.

B. Defendant 1) Fact-misunderstanding (the part concerning each fraud committed against the victim F, H, and the part concerning the victim G, which the lower court found guilty), was committed on December 12, 2012 against the victim F, and on April 8, 2013, the part concerning each fraud committed by the victim F, which was committed on December 12, 2012, and on April 8, 2013, the Defendant actively notified the victim F of false facts about the developments leading up to borrowing money from the victim F, the purpose of borrowing money, and the method of changing the amount of money, and the Defendant did not have any duty to inform the Defendant of such facts consistent with the truth.

In addition, at the same time, the defendant has sufficient ability to repay and there was an intention to repay borrowed money.

Nevertheless, the court below erred by misapprehending the facts and by actively notifying the defendant of the false facts about the process of borrowing money, the purpose of the borrowed money, and the method of changing the borrowed money at the time of borrowing money more than twice as above, and thereby making a deception, thereby obtaining money from the victim F.

B) The remainder of each crime of fraud found guilty by the lower court (the victim F was committed on June 27, 2013 and July 17, 2013, each of the crime of fraud committed on July 30, 2013 against the victim G, and the fraud committed on September 30, 2013 against the victim G;

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