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(영문) 서울고등법원 2015.01.30 2014노2477
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts charged, the Defendant did not deceiving F, the representative director of the victim G farming association association (hereinafter “victim association”) as stated in the facts charged, and there was no error of misapprehension of the facts charged in finding the Defendant guilty of the charges of this case, on the ground that: (a) the Defendant was supplied with land from the I Co., Ltd. (hereinafter “I”); (b) distributed and cashed the real estate owned by the victim association as security; and (c) agreed to use it in one half of each other; and (d) the Defendant paid KRW 210 million equivalent to a half of the amount obtained by deducting distribution expenses, etc. according to the agreement.

B. The court below erred in the misapprehension of legal principles as to property benefits in fraud, even if the defendant deceptions F as stated in the facts charged, which is equivalent to the maximum debt amount, by misapprehending the legal principles on property benefits in fraud.

C. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. The facts charged and the judgment of the court below

A. The Defendant is the representative director of the Incorporated Agricultural Company D (hereinafter “D”) that is a company that distributes agricultural and livestock products.

On December 2, 2012, the Defendant: “B is engaged in the transaction with F in a situation where F, a representative director, is urgently required to pay interest, etc. from the victim’s association’s loan to F, the office of the victim’s association, which is the Plaintiff’s representative director, “B is a person who operates D that supplies the Plaintiff’s association, and it is urgently required to pay money to H from about ten years. However, the Defendant appears to be erroneous in the facts charged, “Secheon-si, K, and 35 lots of land and 38 lots of land” (hereinafter “the instant real property”).

(B) as security, approximately KRW 700,000,000,000,000,000,000,000,000,000,000,000.

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