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(영문) 서울고등법원 2020.01.16 2019노449
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts or legal principles) is consistent with the statement that the Defendant presented the documents in English, and that “F has a letter of investment commitment promising to make an investment in W”, “A lending money until December 31, 2014 until the date the investment has been completed”, “C’s acquisition relation has already been completed under the water,” “C has already entered into a work at the bottom,” and “F has agreed to lend KRW 3 billion to the Defendant through D, a stock company run by F, with the intent of making a loan to the Defendant.” The reason why F, who intended to withdraw the intent of the loan to the Defendant, was changed after dividing the two documents between the Defendant and the Defendant, was that the Defendant presented a guarantee obligation to ensure that the Defendant could recover the loan clearly, and is reasonable and reasonable.

Therefore, even though the defendant did not have become final and conclusive to receive an investment of KRW 400 billion from W from December 31, 2014, the defendant's act of deceiving F and deceiving money can be fully found guilty.

2. We examine ex officio the grounds for appeal prior to the judgment ex officio.

In the trial court, the prosecutor applied for the amendment of indictment to change the facts charged of this case to the following [the altered facts charged], and since this court permitted this, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts or misapprehension of legal principles is still subject to the judgment of this court, which will be examined below.

[Revised Facts charged] The defendant is "B" corporation B or below.

The chairman is the actual operator of the Committee.

The defendant shall reimburse the existing creditor continuously and repeatedly due to the poor business performance in B.

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