(영문) 서울고등법원 2019.10.17 2018노3326 | 리걸엔진

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(영문) 서울고등법원 2019.10.17 2018노3326

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment of the court below is reversed.

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

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant was only invested in KRW 1 billion from the victim who trusted the Defendant’s business ability, and there was no agreement to return the principal and pay interest to the victim.

In addition, the defendant used the above money for the fund of the business in which the defendant was invested and operated at the time of the bond business, charnel business, etc. for the purpose of referring to the above money to the victim.

Although the defendant could not be seen as deceiving the victim with the intent to commit fraud, the court below found the defendant guilty of this part of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

B) As to the fraud on March 24, 2010, the Defendant received KRW 100 million from the victim on March 24, 2010 for the purpose of investing in a charnel and used it as the construction cost of a charnel, and thereafter, did not deceiving the victim as to the place of use of KRW 100 million. Moreover, the Defendant sufficiently explained the details and progress of the charnel project to the victim, and sufficiently recognized the risks ordinarily accompanying the project. Moreover, the Defendant could not be deemed to have induced the victim as to the intent and ability of repayment because the legal dispute in the charnel project at the time was resolved to a certain extent and it was possible to complete the construction, and the completion and sale of the charnel project was possible. Nevertheless, the lower court found the Defendant guilty of fraud on March 24, 2010, and erred by misapprehending the legal principles or by misapprehending the legal principles.

B. Prosecutor 1) The statement of the victim and H on October 9, 201 concerning the mistake of facts (the fraud on October 9, 201).

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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