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(영문) 대전고등법원 2017.10.11 2017노100
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal: Fact-misunderstanding or misunderstanding of legal principles

A. D Co., Ltd., Ltd., which reduces “D Co., Ltd.,” as such, is omitted in the name of another company (hereinafter referred to as “stock company”) by forging an official document, uttering a forged official document, altering an official document, uttering an altered official document, forgery of a private document, and uttering of a falsified document.

It shall be indicated as a victim of the total crime for the convenience of the victim who operates the business.

E, at the latest spring in 2011, was first met with the defendant's introduction, and was directly entered with F in the work or business process related to the relevant documents.

The defendant only served as a mere delivery of documents or money in the middle.

Ultimately, each of the documents in the name of the Ministry of Environment, the Ministry of Environment, the Board of Audit and Inspection, and the Korea Development Institute (hereinafter “each of the documents of this case”) stated in the facts charged was modified by F. The Defendant believed the horses of F and did not know that it was a document that was modified by F, and delivered the documents that was modified by F to the victim.

Therefore, the Defendant did not commit this part of the crime.

B. The fact that the victim violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (Article 4 of the facts constituting the crime in the judgment below) does not pay the defendant a total of KRW 705,000,000,000 paid to the defendant as stated in the facts charged, but rather is merely a prior or ex post facto payment on the premise of subsequent settlement. Since the defendant actually conducted business activities above the amount actually received, he/she should receive money from the injured party.

The fact that the victim has continuously paid money over 28 times for about one year is evidence that the said money has been voluntarily given.

Part F in the list of crimes attached to the court below is directly contacted with the victim and F.

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