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(영문) 부산고등법원 2014.12.10 2014노476
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty part against Defendant A (including innocence in the grounds) shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Reasons for appeal;

A. According to the evidence submitted by the prosecutor of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) to Defendant A, although Defendant A could have conspired with Defendant I and K to commit the crime, the court below found Defendant A only the crime of aiding and abetting the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and acquitted Defendant A of the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), there is an error of law by misunderstanding the facts

B) According to the evidence submitted by the prosecutor with respect to Defendant B, Defendant B is the Han Bank Co., Ltd. (hereinafter “ Han Bank”).

2) The term “new bank” and “new bank” (hereinafter referred to as “new bank”)

Although the court below found Defendant B not guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with respect to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes (the "Act on the Aggravated Punishment, etc. of Specific Economic Crimes"), the Housing Act provides that when the project undertaker intends to recruit occupants, the Housing Act shall obtain approval from the competent authority. In this context, the court below acquitted Defendant A and the A, a project partnership on the violation of the Housing Act, on the ground that the contract for sale in lots was not actually concluded between the buyer and the buyer, even though the tenant is not the actual tenant or the nominal lender.

2) The lower court’s imprisonment (one year and six months of imprisonment and the suspension of execution against Defendant A).

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