(영문) 서울고등법원 (춘천) 2019.05.29 2018노120

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(영문) 서울고등법원 (춘천) 2019.05.29 2018노120

특정경제범죄가중처벌등에관한법률위반(사기)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In 2007, the victim initially invested KRW 500 million in the Defendant’s B lending complex business and the Egypt development business (hereinafter “instant business”), but began to demand the return of KRW 700 million plus the amount of 500 million from the initial investment agreement, unlike the initial investment agreement.

In the meantime, the victim was urgently required to pay the balance of the housing that he purchased by him, and the victim suggested that the defendant "the victim and the wife obtained the additional loan to help the sale of the business of this case and attract the investment of this case and use the remaining money as the business fund."

However, the victim who does not know the loan under the name of the defendant will help the wife sell it in lots and attract investment, while the victim will be the borrower, and the victim will receive the loan by providing security and the other defendant will use the loan as business funds, and the defendant will pay the loan in full.

Accordingly, the Defendant provided real estate owned by the Defendant as security and set up wife AH as joint and several sureties, and had the victim obtain a loan of KRW 1.65 million from the F Co., Ltd. (hereinafter “F”).

(hereinafter “instant loan”). In other words, the instant loan was made by the victim’s proposal according to the need of the victim’s urgent funds, and the Defendant is aware of the victim’s “the additional funds needed for the instant project”.

If the victim receives a loan under the name of the victim, the amount of the existing investment amount shall be KRW 700 million plus the amount of KRW 200 million, and the remaining amount of the loan shall be sold in lots.

The principal and interest of loans shall be repaid within one year from the proceeds from sale.

유사 판례

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