(영문) 서울고등법원 2021.01.22 2020노1534 | 리걸엔진

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(영문) 서울고등법원 2021.01.22 2020노1534

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) The Defendant purchased a private house with the money received from the victim D, and actually had the intent and ability to pay the above victim the profit to the victim, and there was no intention to obtain the money by deception.

In regard to the amount of defraudation, the Defendant is only limited to KRW 300 million that the victim D remitted on September 16, 2015, and the remainder of KRW 470 million is not related to the Defendant since B received money from the above victim after he was killed by the Defendant.

2) The Defendant agreed to purchase the land and buildings owned by the Defendant from the Victim N (hereinafter “instant land,” and “the instant building,” collectively referred to as “each of the instant real estate”), and the Defendant first set up a collateral security (hereinafter “the instant collateral security”) on each of the instant real estate to T (hereinafter “the instant collateral security”) with respect to each of the instant real estate, and the Defendant was supplied to T (hereinafter “the instant collateral security”) with approximately KRW 85 million at the market price from T (hereinafter “the instant collateral security”).

However, among the 212 salaries, the Defendant was in a relationship with the Defendant’s existing business with the rest of 152 salary papers except for the 60 salary papers discharged by the Defendant to AK, a business partner of the Defendant.

B made delivery to B and sales, and if B sells a 152-wing paper and makes profits from sales, it was planned to pay the proceeds to T with the proceeds of the sales of the private goods and the sales of the above victims.

In that sense, the relationship between B and B was broken down and B did not pay the Defendant the proceeds from sales of the private goods, thereby preventing the Defendant from paying the proceeds from the sale of the private goods, and the Defendant did not want to deceive the said victim from the beginning.

B. The punishment sentenced by the lower court (three years and six months of imprisonment) is too unreasonable.

2. Determination as to the assertion of mistake of facts

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

유사 판례

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