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(영문) 서울고등법원 2017.07.20 2017노854
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

Of the appeal of A and the acquittal portion of the lower judgment, it is about the forgery of a private document and the use of a falsified document.

Reasons

The court below found Defendant A guilty of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), occupational embezzlement, and fraud, and found Defendant B not guilty of all the charges of forgery of private documents, use of the investigation documents, violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation of duty).

As to the whole portion found guilty, Defendant A appealed on the charge of forging private documents and uttering of the above investigation documents among the parts found not guilty.

Therefore, the scope of the trial of this court is limited to the appeal of Defendant A and the prosecutor, and the defendant B's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Offense of Occupational Breach of Trust) was separated from the appeal period due to the lack of appeal by the prosecutor.

The summary of the grounds for appeal is as follows: The victim H Co., Ltd. andO's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim H Co., Ltd. and theO are operated by the defendant as representative director (hereinafter "F").

As a small-scale seller of steel bars, the seller continued to supply the steel bars on the condition of “cash settlement at the end of the following month after delivery” and operated the steel bars in the form of selling and paying the steel bars scheduled to pay for the relevant month.

Victims H Co., Ltd. (hereinafter referred to as “H”).

the Agreement on March 26, 2015 (hereinafter referred to as “instant Agreement”)

Accordingly, F agreed that the 2,500 tons of steel bars per month will be supplied to F according to the Y's unit price.

In this regard, the victim H supplied F with less quantity than the instant arrangement, the price is less than that of the instant arrangement, and the Defendant was bound to sell the steel at a price lower than the price supplied by the victim H because the Defendant was required to dispose of the steel and prepare cash.

In addition, the F is supplied to the other company on credit.

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