logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.09.26 2012노4272
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty part against Defendant A (including the innocent part) and the part against Defendant B, respectively.

Reasons

1. On November 6, 2012, Defendant B filed an appeal against the lower court on the ground of appeal and served a notice of notification of receipt of the trial record on December 21, 2012, Defendant B submitted the statement of grounds for appeal on January 11, 2013, the 20th day before the deadline for submitting the statement of grounds for appeal expires, and on the grounds of appeal, Defendant B filed the statement of grounds for appeal on January 11, 2013, and the petition of appeal does not contain any provision in the grounds for appeal. Thus, there

Defendant

A1) Part 2 and 3 of the facts constituting the crime in the judgment of the court below against Defendant A of misunderstanding of facts (hereinafter “the guilty part against Defendant A”)

In relation to the case, Defendant A received each amount (70.5 million won and KRW 500 million) from the victim under the pretext of the investment in online game development projects and the investment in real estate implementation projects. Defendant A is only Co-defendant G (hereinafter “G”).

The judgment of the court below which found Defendant A guilty of all the charges of Defendants B and B, although only delivered to Defendant A, and there was no deception or conspiracy with Defendant B or G, there was an error of law that affected the conclusion of the judgment by misunderstanding the facts. 2) The sentence of imprisonment (one year and six months of imprisonment) sentenced by the court below to Defendant A is too unreasonable.

B. Considering the consistent statement from the investigation agency of the public prosecutor (defendant A) to the court of the original trial, the relationship between the defendant A and the victim, the account transaction statement of the defendant A, the defendant A's personal information or contact information, and the defendant A did not properly state or submit the data, the "not guilty part" as stated in the judgment of the court below (hereinafter "not guilty part of the court below against the defendant A") is deemed to be "not guilty part" in the judgment of the court below, and among which part of the judgment of the court below is "defabation of KRW 67 million in the name of corporate bond investment fund of the defendant A," which is the part not guilty, is referred to as "defabation of the defendant A's corporate bond investment fund,"

each. described in paragraph 1.

arrow