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(영문) 서울고등법원 2016.05.31 2016노748
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal shall be determined within the scope of supplement in case of a summary of pleadings (as of May 17, 2016) that is submitted after the deadline for submitting the grounds for appeal.

The Defendant asserted that the Defendant should be acquitted of the fact that, even if the Defendant had failed to do so, it did not constitute “the purpose of illegal profits”, which is an element of the excessive subjective constituent element, even if the Defendant had to be found guilty of willful negligence, but this cannot be a legitimate ground for appeal as it was filed after the lapse of the submission period of the grounds for appeal, and even if ex officio examination is made in detail under Article 2-A-2 of the following, as seen in the reasoning of appeal, the Defendant, even if the victimized company has invested funds in the Defendant company in relation to electronic book marketing agency and golf event services, could safely recover the amount of investment from the victimized company by deceiving the victimized company as if it could safely recover the amount of investment, and used considerable portion of the investment money as the purpose of repayment and company operation expenses, etc., as otherwise alleged in the judgment below, it cannot be deemed that there was an intention of unlawful acquisition, as otherwise alleged in the above.

subsection (b) of this section.

Defendant

On August 3, 2009, the Defendant Company (the Defendant established D around August 3, 2009, and changed the name of the said Company to “E” around November 16, 2012.

In both cases, Defendant Company (hereinafter referred to as “Defendant Company”) has engaged in trade with H (hereinafter referred to as “victim”) for at least six years between the victimized Company, and received total amount of KRW 2,682,979,240 from November 16, 2012 to December 24, 2013, which is the period of crime indicated in the instant facts charged.

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