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(영문) 서울고등법원 2019.10.31 2019노804
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The guilty part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year and six months.

Reasons

1. The court below found Defendant A guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among the facts charged in this case against Defendant A, as to each of the facts charged in this case, each part of the convictions, part of the acquittals, and the violation of the Act on the Regulation of Conducting Fund-Raising Business without Permission (hereinafter “Act on the Aggravated Punishment, etc.”)

As to this, Defendant A appealed to the above guilty part of the judgment of the court below, and the prosecutor appealed to the above guilty part (an unjust assertion in form), but the judgment of the court below that acquitted Defendant A and the prosecutor did not appeal to Defendant A and the prosecutor.

Therefore, since the judgment of the court below is separated from the acquittal portion against Defendant A, the scope of this court's judgment against Defendant A is limited to the conviction portion among the part against Defendant A of the judgment below.

2. Summary of grounds for appeal;

A. Defendants A(A) are guilty of facts as to each violation of the Specific Economic Crimes Act (Fraud), each fraud, and Defendant A’s misapprehension of legal principles as to the specific facts charged. (i) Defendant A is merely a co-principal because it did not directly share the act of committing the crime of fraud. The timing, method, contents, etc. of the conspiracy in the facts charged were not specified. Thus, Defendant A’s prosecution against Defendant A should be dismissed.

Dol-misunderstanding of facts as to the public contest relationship, misunderstanding of legal principles, Defendant A did not know the current state of X’s financing operation, and did not attract Y and fraud.

B) Defendant A did not have any intention on the act of receiving money without delay. 2) Defendant C is justified to believe that there was no intention on the act of receiving money without delay, and that X’s attraction of investment money does not constitute an act of receiving money without delay.

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