(영문) 부산고등법원 2015.11.18 2015노316 | 리걸엔진

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(영문) 부산고등법원 2015.11.18 2015노316

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The defendant's appeal is dismissed.

The judgment below

The dismissal part of the public prosecution shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On the grounds delineated below, the lower court found Defendant 1 guilty of fraud among the facts charged in the instant case on the following grounds: (a) as to each fraud committed by the defense counsel on August 11, 2015, each of the following grounds: (i) the content of the appellate brief as of August 11, 2015 and the reason for appeal different from the content of the appellate brief as of August 11, 2015, which was submitted by the defense counsel after the expiration of the period for submitting the appellate brief; and (ii) the defense counsel’s opinion as of September 17, 2015 and the summary of the pleadings as of October 27, 2015, on the grounds that

(1) The contract for the supply of goods sent by the defendant to the husband of the victim AD part corporation to the husband of AB is irrelevant to the instant case. If BJ arranged KRW 40,50,000,000 and KRW 20,000,000,000, it could be paid without delay, but its conflict has not been settled.

Therefore, the defendant did not have any criminal intent to acquire the pecuniary profit, and the defendant did not obtain the pecuniary profit.

Doshed the judgment of the court below that part of the victims (including E) of the crime log 2 did not have the criminal intent to acquire the defendant, and the defendant delivered B a reasonable amount of money in accordance with the investment agreement.

Article 22(1) of the Criminal Procedure Act provides that “AP apartment is established on a deposit basis,” and Article 2(1) of the Criminal Procedure Act provides that “AP apartment is established on a deposit basis,” and Article 2(2) provides that “AP apartment is established on a deposit basis,” and “AP apartment is established on a deposit basis,” and “AP apartment is established on a deposit basis,” and “AP apartment is established on a deposit basis.”

•50,000,000 won that the defendant received from the victim AU is not a loan, and the additional investment has not been executed due to the personal financial situation of the above victim, and the business has not been executed, and there was no intention to commit the crime of defraudation by the defendant.

(v)the victim AY part of the Defendant shall be in the Gyeonggi-gu Group.

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