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(영문) 대구고등법원 2016.12.22 2015노681
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

1. The guilty part of the judgment of the court below is reversed.

2. Of the facts charged against the Defendants, the victim J.

Reasons

1. Summary of grounds for appeal;

A. With respect to the Defendants’ fraud against the victim J, the lower court found the Defendants guilty on the ground that the Defendants had the intent or ability to repay money to the Defendants at the time of lending money, but failed to repay money due to unexpected changes in circumstances, and thus, the lower court erred by misapprehending the legal doctrine.

B. Prosecutor 1) Omisunderstanding of facts or misunderstanding of legal principles about the attempted fraud of the Korea Development Bank for the victims, and the “stock company” in the name of the company is omitted.

With respect to the fraud and attempted fraud against the Defendants, the Defendants’ act of obtaining or attempted to obtain a loan from each of the above banks on February 14, 2012 with respect to R in which the sale price of 9.3 million won was stated is deemed to constitute fraud and attempted fraud, and the act of submitting the forged memorandum of agreement to the Korea Development Bank, the Inn Customs, the Han Bank, and the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of the Korea Development Bank, the act of withdrawing 4 billion won acquired from one bank from the Defendant A to the facts about the disposal of criminal proceeds constitutes an act that disguises the fact about the disposal of criminal proceeds. In relation to each fraud against the victim G, H, and I, the lower court found the Defendants not guilty of the above company’s shares and 60 million won at the time of transfer of the above company’s operation license from the victim H to 225 million won or more at the time of transfer from the victim H, and found the Defendants not guilty of each of the above assets.

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