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(영문) 광주고등법원 (전주) 2016.01.12 2015노127
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for three years.

Defendant

B, .

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts or misapprehension of legal principles, and the lower judgment’s crime

1. A. 1) The fact that the victim violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) for the sale of livestock excreta as prescribed in paragraph (1) cannot be deemed as a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes ("CF") and the fact that the victim violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes ("CF") is not related to the duty to provide investment opportunities to the defendant G in relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes ("AF"), and ③ The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (MFFF) due to the loan to the victim NAFFF and the former North Korean bank is not a deception in fraud, and the judgment of the court below guilty all of the above part of the charges, and there is an error of law by misunderstanding the facts or misunderstanding the legal principles.

2) The sentence that the lower court sentenced the Defendant to the punishment (four years of imprisonment) is too unreasonable.

B. Defendant B (1) misunderstanding of the facts or misapprehension of the legal principles, and the facts of the judgment below

1. A. (1) The victim cannot be deemed to be the National Agricultural Cooperative Federation for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) due to the sale of livestock excreta as prescribed in paragraph (1) of this Article, and (2) the defendant's joint principal offender cannot be recognized with the fact that each violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) due to the sale of livestock excreta and violation of the Fertilizer Control Act, the court below convicted all of the charges of this part of the above charges. The court below erred by misapprehending the legal principles or misapprehending the above.

2) The sentence (one year and six months of imprisonment, and two years of suspended execution) that the lower court rendered against the Defendant is too unreasonable.

(c)

Defendant

G1) As to the Defendant’s assertion of mistake of facts or misapprehension of the legal doctrine.

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