(영문) 서울고등법원 2020.04.23 2019노2659 | 리걸엔진

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(영문) 서울고등법원 2020.04.23 2019노2659

특정경제범죄가중처벌등에관한법률위반(사기)

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The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the following circumstances, the judgment of the court below which acquitted the defendant even though the defendant can be recognized as the deception and the crime of deception, is unlawful.

① While the Defendant was able to immediately return money from the victim for a simple deposit for receiving a loan from G Bank, the Defendant was able to immediately repay the money that the Defendant borrowed from the victim as a progress payment to F Co., Ltd. (hereinafter “victim”) in the name of the Defendant C Co., Ltd. (hereinafter “C”) in the name of the Defendant’s management of the Defendant (hereinafter “victim”). As such, the Defendant was unable to immediately repay the Defendant’s obligation to borrow money from the victim.

② It should be deemed that there was a mutual agreement between the Defendant and the victim or the representativeO of the victim company on the payment of the amount remitted to the victim side company in the name of C after borrowing money from the victim, rather than paying the Defendant’s debt to the victim.

(3) The victim shall be the victim from the victim company, June 10, 2015, and the same year.

8. The sum of KRW 400,000,000,000,000,000,000,000,00 for each remitted money, cannot be deemed to have been repaid by the Defendant to the victim

(4) Around January 28, 2016, the defendant shall pay to the victim a total of KRW 830,000,000,000 to the victim under C's name.

6. A written statement of loan to the effect that repayment by up to 30.30,000 won is made in the name of the victim and the victim’s company, and each written statement to the effect that “a total of KRW 830,000,000,000 for borrowed money and KRW 429,60,000,000,000 for unpaid construction payment by June 30, 2019” was made in the name of the victim and the victim’s company, and the Defendant was aware that the Defendant and the victim did not have paid KRW 830,00,000 for borrowed money to the victim by that time, and the above Defendant thereafter

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