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(영문) 서울고등법원 2014.03.21 2013노2786
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the importance of each of the instant crimes committed by the public prosecutor and the fact that the victims have not been recovered from damage, etc., the sentence of imprisonment with prison labor of the court below for the defendant is too unfortunate and unfair.

B. The above punishment of the court below is too unreasonable in light of the fact that the defendant did not have the intention of conclusive defraudation by the defendant, and that the money acquired by the victims was actually invested in the stone production development project, and that the defendant is trying to pay damages.

2. Each of the crimes of this case in the absence of economic ability of the defendant to carry out the tinsan Development Project, which is the case of deceiving the victims as if the victims were aware of many profits due to the above project, and the crime is not good, and the total amount of damages suffered by the victims exceeds 1.4 billion won, and the victim C provided the deposit claim of 70 million won for the defendant as security to Seoul Guarantee Insurance. However, due to the non-performance of the defendant's mountainous district restoration work, the security right was exercised, and the victim S was at the risk of loss of the above deposit claim. The victim S did not actually receive damages from the defendant, but did not receive damages from the defendant. The victim I, J, and K submitted a written agreement and a letter of cancellation of the complaint that the victim's wife was the first place of the victim, but this was not because the victims received compensation or made use of the defendant, but it was not due to the fact that the defendant was charged, and the victim C was obliged to pay the deposit of 30 billion won to the defendant for the purpose of the Korea Guarantee Insurance Fund.

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