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(영문) 서울고등법원 2018.07.05 2018노505
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by P, U, and S’s respective statements are inconsistent with other evidence or merely avoiding liability, and thus, there is no credibility. However, the respective statements by R, Q, and V are consistent and consistent with each other, and they are credibility in line with the current status of golf membership rights.

In full view of these facts, the Defendant is recognized to have concealed the fact that the membership fee of G (M; hereinafter “instant membership”) owned and operated by H (hereinafter “H”) is KRW 100,000,00,000, different from the general bearer membership fee, and it is recognized that the membership fee is deceiving and selling the Victim Co., Ltd. (hereinafter “victim”) as if it were the same as the general bearer membership fee.

Nevertheless, the lower court rendered a not-guilty verdict on the facts charged of this case on the grounds as indicated in its holding, and the lower court erred by mistake.

2. Determination

A. The gist of the judgment of the court below is that the facts charged to the effect that “the defendant concealed the fact that the membership fee of this case is KRW 100 million and deceiving the victim company as if the membership fee of this case was the same as that of the general bearer membership” was proved to the extent that there is no reasonable doubt on the part of the court below, in light of the following facts and circumstances acknowledged based on the evidence duly adopted and investigated (the key contents are inferred only) and the evidence submitted by the prosecutor alone.

It is insufficient to view it.

In light of the above, the defendant was acquitted.

1) The Defendant did not directly discuss the terms and conditions of the contract with the victim company and sold the instant membership rights through N, rather than concluding the contract.

However, the Defendant clearly notified that the membership fee of this case is KRW 100 million.

The fact that N consistently stated NN P and consistently stated that the membership fee of this case from the Defendant is KRW 100 million.

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