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(영문) 대구고등법원 2014.10.30 2013노397
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and six months.

However, for 3 years from the date this judgment has become final.

Reasons

Summary of Grounds for Appeal

Defendant A [the part concerning the crime of 2013 Gohap7 (the part concerning the crime of victim H) at the time of original adjudication] Defendant A (the part concerning the crime of 2013 Gohap7 (the part concerning the crime of victim H)] (hereinafter “I”) continuously supplied parts of the electric motor to F Co., Ltd. (hereinafter “F”) operated by the Defendant H, including I, with the agreement that the claim group, including I, acknowledges F’s possibility of rehabilitation at the time of default and support F, and supply the promissory notes described in paragraphs 1 through 7 of No. 1 in the name of Defendant G Co., Ltd. (hereinafter “G”) issued for the payment of the parts, with the belief that the payment of the part would be made normally. The Defendant, as long as he declared that the victim H would not make any more transaction with F’s first default, had been issued at the time of this part of this case’s judgment without considering the need for the Defendant’s fraud and the part of this case’s promissory notes for the payment of the parts.

It shall not be deemed that there was a criminal intent to obtain fraud from the accused or to commit a crime.

Defendant

B When the original judgment was rendered on August 31, 2011, the reason why Paragraph 1 (the part concerning the victim H) of Paragraph 1 (the part concerning the defendant H) among the facts constituting the crime of 2013 Gohap9 (the part concerning the defendant H) continued to supply the part to F (the defendant A) is that F including I recognizes the possibility of rehabilitation of F, which is in the state of default, and the defendant issued promissory notes for the part of this case (the same as the promissory notes No. 1 to 7 of Table 2 of the original judgment) by the victim H, and thereafter, the reason why F, including F, including I, was agreed upon.

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