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(영문) 서울고등법원 2015.11.26 2015노272
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All the judgment below is reversed.

Defendant

E shall be punished by imprisonment with prison labor for not more than ten months.

Provided, That the execution of the above punishment shall be for two years.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant E-1’s violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), Defendant E was merely engaged in a business with the victim P while doing so, and there was no intention of deceiving the victim, and there was no intention of deceiving the victim from the victim. 2) The punishment of the lower court of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. In full view of the evidence submitted by the prosecutor of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant A, B, and C, the above Defendants can fully recognize the fact that they deceiving the victim P without considering the actual intention to implement the project specified in this part of the facts charged, thereby deceiving the victim P to acquire investments from

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B) Comprehensively taking account of the evidence submitted by the prosecutor in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) by Defendant C and D, the Defendants can fully recognize the fact that the Defendants deceptioned the victim P without considering the actual promotion of the projects specified in this part of the facts charged and acquired the investment money from the victim. Nevertheless, the judgment of the court below which acquitted the Defendant of this part of the facts charged is erroneous in the misapprehension of the facts that affected the conclusion of the judgment. C) Comprehensively taking account of the evidence submitted by the prosecutor in violation of the Act on the Aggravated Punishment, etc

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The sentence imposed by the court below on Defendant E is too unjustifiable and unreasonable.

2. Ex officio prior to the judgment on the grounds for appeal by the defendant for ex officio judgment.

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