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(영문) 서울고등법원 2018.01.30 2016노3911
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for six years.

Of the facts charged in the instant case, forgery of private documents.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding and legal principles 1) When promoting the acquisition and sale development projects for the victim BA of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), N Co., Ltd. (hereinafter “N”) operated by the Defendant, the acquisition and sale projects for the Busan-gu BV Complex (hereinafter “BV”), the amounting to KRW 75 billion, the acquisition and sale projects for the 151 billion, Gangnam-gu, Seoul-gu BW and 29, BW apartment complex (hereinafter “BW Contac”), the acquisition and sale projects for the 18 billion, and the sale projects for the 18 billion, Seosan-si BY land (hereinafter “Ssan-si land”) and the purchase and sale of the 18 billion won to the victim, the Defendant, at the same time, issued a certificate of KRW 10 billion to the victim of the 14 billion loan loan and the payment of KRW 100 billion to the 60 billion principal and KRW 18.7 billion,000,000,000 won,000.

At the time, the victim provided a detailed explanation from the BZ or the CA about the name of the loan structure and loan of the business funds of the defendant, and the head of the agricultural AA branch office BE prepares and issues a certificate of subrogated payment. Therefore, it is believed that the defendant provided a letter to the defendant and lent the amount of KRW 600 million to the defendant. The defendant did not have any opportunity or need to make the statement to the victim directly as stated in this part of the facts charged, and the victim did not believe and lend the assets or ability of the defendant or N. Thus, the defendant

In addition, the defendant believed that the above business fund loan plan will be realized, and the 600 million won borrowed from the injured party shall be paid in advance.

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