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(영문) 부산고등법원 (창원) 2015.11.11 2015노248
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), the lower court found the Defendant guilty of this part of the charges, on the ground that in relation to the fraudulent part on May 10, 2012, the Defendant was able to use the funds as a real estate developer at the time, because it was not a specially invested part of the investment funds at the time because the Defendant did not deceiving the victim as a real estate developer and did not have the intent to acquire the funds, even though the Defendant was guilty of this part of the charges, and did not have concluded a sales contract with the victim with the trust that only the end of P would be able to purchase all the land of this case. However, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

3) In relation to the fraud portion on June 28, 2012, even though the Defendant did not intend to deceive the victim, the lower court found the Defendant guilty of this part of the facts charged, and thus, erred by misapprehending the facts and affecting the conclusion of the judgment. (B) The sentence sentenced by the lower court of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of each of the following circumstances acknowledged by the court below's lawfully adopted and investigated evidence, legal principles, and evidence rules, the defendant can be found to have acquired each property by deceiving the victim as stated in each of the facts charged in the instant case. Thus, it cannot be deemed that there was any error in the fact-finding and judgment of the court below (it shall be written in detail in the 4-6th judgment of the court below), and each of the arguments by the defendant is without merit

1) Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud part).

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