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(영문) 서울고등법원 2015.06.26 2014노3586
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below (excluding the part dismissing an application for compensation) shall be reversed.

The defendant is not guilty.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles, the Defendant received a request for a loan of the remainder of 45 billion won under a contract that takes over the stocks of the F Co., Ltd. (hereinafter “F”) from the Military Mutual-Aid Association, which is the actual operator of the victim G-limited company (hereinafter “victim company”), and on June 30, 2009, the Defendant: (a) confirmed that a person who intends to obtain a loan in the corporate bond market requests the financing owner or broker (hereinafter “Y”) to raise funds, and verified that the funds will be used clearly by requesting the financing owner or broker (hereinafter “BC”); and (b) paid money as a compensation for losses incurred by the funds owner if the funds are not borrowed.

The Defendant and the defense counsel consistently stated that “five billion won” is “five billion won (five billion won in investigation records, 20,93, 138, 279, 334, 614, 68, 381, 4.5 billion won in investigation records, and 5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records, 4.5 billion won in investigation records.4 billion won in investigation records.

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