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(영문) 서울고등법원 2018.09.19 2018노736
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Defendant 57,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant (misunderstanding of facts, misunderstanding of legal principles, and misunderstanding of legal principles) 1) misunderstanding of facts, and misunderstanding of legal principles on the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Article 2-b) (1) of the facts stated in the judgment below, P, an employee of the victim of deception related to the provision of apartment mortgage, who was an employee of the victim of deception related to the provision of apartment mortgage, was provided as security under Article 2-A (1) of the facts constituting the crime of the judgment below) 301 Dong 1303 (hereinafter “the apartment of this case”) in Suwon-si, Suwon-si, as stated in the judgment of the court below, was aware of the fact that a lease contract of KRW 215 million for the above apartment was concluded, and thus the Defendant

shall not be deemed to exist.

(2) A. 2-A. 2 of the facts stated in the judgment below on the part of the victim company related to deception and disposal related to the offering of parking lot site security, and the secured value of the O parking lot 1,142.8 square meters (hereinafter “the instant parking lot site”) as stated in the judgment below, was assessed as KRW 1 billion, and the credit transaction limit to the defendant was determined based on the above facts. A. 2-A. 2 of the facts of the judgment of the court below that the defendant promised to return the parking lot to the gas station site (hereinafter “the instant letter of promise”) and that the defendant purchased the instant parking lot site at KRW 1.6 billion (hereinafter “the instant transaction contract”) did not have any effect on the assessment of the secured value of the instant parking lot site. Thus, there was no relation between the defendant’s deception and the victim company’s disposal act.

(3) The crime of deception and the crime of false punishment after-the-counter ex post facto act is a contractual position under which the Defendant acquired money from the victim company according to each of his own petroleum supply contracts on September 23, 201 and June 28, 2012 is “a contractual position under which credit transactions can be conducted within the extent of the credit transaction limit.”

The subsequent individual petroleum supply act is a fact-finding act.

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