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(영문) 서울고등법원 2014.09.25 2014노1632
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s fraud against L of misunderstanding of facts, the Defendant received a loan from L of the IMO in order to raise money to be paid to J of the President of the International Convention on Assistance to the President of H Class 2 district unit project in Hail-si in order to raise money, and the victim L was provided a security from L of the victim by obtaining a loan from L of the IMO in order to obtain a loan from L of the IMO. The victim L was provided a voluntary security due to the friendly relationship with the Chairman J as a general secretary of the above migration council, and even if the Defendant did not deceive the above victim, the first instance court recognized it and found it to be erroneous, thereby adversely affecting the conclusion of the judgment by misunderstanding of facts. 2) The first instance sentence of unfair sentencing (10 months imprisonment) is too unreasonable.

B. Prosecutor: (1) As to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the Defendant, at the time of industrialization, deceiving F, which is a prop, even though he did not have business ability and financial ability with respect to the promotion of the Class 2 Class 2 global unit project against S Il Il, had F provide a security for the Defendant to obtain a loan, or F provide a security for the Defendant to borrow a loan by taking out the real estate owned by F, and had F lend the money to the Defendant again by deceiving F as a security, even though he did not have sufficient means to repay the loan within 15 days; (3) as to the fraud of the amount equivalent to KRW 40 million against G and F, the Defendant, even though he did not have the intent or ability to change the name of the business operator for the Class 2 global unit project, was unaware of G to receive KRW 400 million, and did not have the intention to make repayment instead of F, had the victim provided a security for the above KRW 400 million to the victim.

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