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(영문) 서울고등법원 2020.04.03 2019노2033
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All judgment of the court below shall be reversed.

Defendant

A Imprisonment of three years and six months, and Defendant B shall be punished by imprisonment of four years, respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) In the name of the victim X et al., the part of the “stock company” is omitted.

The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud in the judgment of the court below) on the Aggravated Punishment, etc. of Specific Economic Crimes (the crime in the judgment of the court below) only lent the name of Eul to the E acquisition in accordance with the proposal of the defendant B, and the consultation on the termination of the pledge between the victim X was conducted by the defendant Eul, and only the defendant

Defendant

B borrowed 12 billion won of capital increase paid to E through U and V, one’s own land. The above 12 billion won was led by Defendant B, and Defendant A was unaware of the fact that the above 12 billion won was the most money for short-term rent.

Defendant

A did not deceiving the victim X in collusion with Defendant B, nor did he had the intention of deception.

B) Fraud against the victim G (the crime No. 1 of the judgment of the court below) (the crime No. 2) Defendant A used KRW 400 million received from the victim G as a down payment for the actual loan purpose, and the remainder of the purchase price of KRW 3.7 billion was believed to be sufficient for Defendant B to procure funds. Furthermore, in order to prevent the confiscation of the remainder payment amount of KRW 400 million, Defendant A requested the FF bank to extend the payment period to the FF bank and paid the personal funds to the FF bank, there was no intention of deception. C) fraud against the victim K (the crime No. 2 of the judgment of the court below as stated in the second instance) (the crime No. 2 of the judgment below). Defendant A lent KRW 400 million to the victim K to dispose of E’s shares if the share price increase through capital increase with the capital increase as the largest shareholder of the E, and it is not requested by

Defendant

A was believed to be able to fully repay the borrowed amount of KRW 400 million to the victim K due to the normal progress of the 12 billion capital paid by E, and the victim K is paid for capital increase.

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