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(영문) 서울고등법원 2013.07.19 2013노742
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

All appeals filed by prosecutors and defendants are dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The prosecutor, while having no intent and capacity to repay, had the Defendant enticed theO by making a false statement that it would bring high profits upon investing in the bond business operated by the O.

Nevertheless, the lower court acquitted the Defendant on the charge of fraud by misunderstanding the facts.

B. Defendant 1) It is limited to the Nancheon-gun of the misunderstanding of Fact-finding (hereinafter “N land”).

A) Since I, as an individual owner, lent KRW 100,912,00,00 for the N land, the amount must be deducted from the amount of embezzlement. Even if N land is FJ (hereinafter referred to as “victim clan”).

Even if the Defendant owned the N land, the Defendant thought that the N land was owned by I and borrowed compensation for the said land from I, so the Defendant did not have an intention of embezzlement. 2) The lower court’s sentencing (two years of imprisonment) on the Defendant of unreasonable sentencing is too unreasonable.

2. Judgment on the grounds for appeal

A. In full view of the evidence adopted by the prosecutor’s grounds for appeal, the lower court determined that the Defendant was a public official at the time of borrowing money from theO. The Defendant was receiving wages from theO; the Defendant set up a collateral against the Defendant’s share in the real estate Q and R, etc. on June 23, 2009; the Defendant, at the time of borrowing money from theO, owned farmland, Gyeonggicheon-gun, Gyeonggi-do, Macheon-gun, Macheon-si, Macheon-si, and Y-si, Y-si, and Y-si, and owned the Defendant’s forest and field in Yangju-si, in addition to the above Sa forest and field; the Defendant was 1.55 billion won for obligations owed by the Defendant at the time of borrowing money; the Defendant repaid KRW 620,000 to theO from July 30, 209 to December 29, 2010; and the Defendant repaid the Defendant’s forest and field to the victim as joint and several surety around August 20, 2010.

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