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(영문) 서울고등법원 2011.02.25 2010노2530
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: ① payment of money exceeding KRW 2 billion from G from July 30, 2007 to the Defendant was made, and the settlement was made between the Defendant and G on the same day; however, this is premised on the receipt of money from other names than intermediate payment; ② the Defendant’s statement on the part exceeding the paid amount and intermediate payment KRW 2 billion is not consistent and persuasive; ③ as indicated in the facts charged in this case, G was paid on February 5, 2007 to the Defendant, and KRW 50 million paid on May 8, 2007 to the Defendant, and KRW 750,000,000 (hereinafter “instant issues”), which was not receipts, and KRW 750,000,000,000 (hereinafter “the instant case”). In light of the following facts, the lower court did not err by misapprehending the Defendant’s sales contract and KRW 305,000,000,000,000 for each of the instant apartment complexes and KRW 305,05,05,07,00.

2. On February 2007, the court below held that the Defendant, even if receiving money from G, received money from G, he acquired a total of KRW 750 million from G with the intent or ability to use it for the business of purchasing excessive commercial buildings. However, on February 2, 2007, the court below held that “I would purchase and sell excess commercial buildings and divide profits into KRW 5:50 million.”

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