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(영문) 서울고등법원 2015.09.17 2015노789
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Of those, the conviction against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for five years.

The judgment of the court below.

Reasons

1. The summary of the grounds for appeal of the grounds for appeal shall be examined within the scope of supplement in case of the grounds for appeal of the grounds for appeal, which has been filed in excess of the deadline.

Defendant

In A and below, the name of the defendant is referred to as "the defendant" without indicating the name of the defendant in each applicable item of the defendant, and the upper defendant is referred to as "the defendant" only with his/her name, and if necessary, the following name shall be stated in the name of the defendant

The judgment of the court below which convicted the defendant of the following facts, such as misconception of facts, misunderstanding of legal principles, and misunderstanding of facts or misunderstanding of legal principles, which affected the conclusion of the judgment. (A) The fact that M, B, etc. was in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (1) was not known that M, B, etc. obtained KRW 1 billion from L from the victim, and there was no fact that the defendant conspired to acquire the above money with M, B, etc

D. The Defendant did not say that she would offer 8.70,00 shares as security, and that the horses were added to Q and B’s desire to engage in the instant transaction, but the lower court, on this basis, recognized the public bid relationship with the Defendant and M, by misapprehending the legal doctrine on co-principal.

Referencely, the Defendant did not have any direct dialogue with the victim, and only prepared a cash custody certificate of this case for the purpose of verifying the fact on behalf of an absentee P lawyer knowing that the victim had already remitted money to the P lawyer’s account, and the Defendant did not deceiving the victim.

In addition, at the time of the preparation of the actual cash custody certificate, the money deposited into the P lawyer's account has already been transferred to theO, so there was no damage caused by the cash custody certificate.

Applicant The defendant did not enter the room of P lawyer when the joint management agreement betweenO and M is reached, and B is the defendant in the court of original trial.

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