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서울고등법원 2013.05.23 2012노3797
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

All appeals by the defendant and the prosecutor against the conviction are dismissed.

The judgment below

. Innocence.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In relation to the erroneous determination of facts or misapprehension of legal principles, the Defendant’s attorney’s written summary of oral argument filed on April 19, 2013 after the deadline for submitting an appellate brief is determined within the scope of supplement to the Defendant’s defense counsel’s grounds for appeal filed within the said deadline. The Defendant is only the victim D (hereinafter

(3) The sum totaling KRW 25 million in the face value of the issuance E, the sum totaling KRW 25 million in the number of Promissory Notes (hereinafter “instant Promissory Notes”) 123 and 201Gohap633 in the evidence records of the case in 201Gohap244 (hereinafter “Evidence No. 1”) (hereinafter “Evidence No. 2”) hereinafter “instant Promissory Notes”).

At the time of November 2, 2010, the Defendant, who received the delivery, is active property, and ① the Defendant is called Pyeongtaek-si I commercial building (hereinafter referred to as “I commercial building”).

3) The construction work undertaken and received as payment for the construction cost as a substitute for the construction work is limited to 143, 128, and 151 (hereinafter “143, 128, and 151”) respectively.

(2) The judgment of the court below finding the Defendant guilty of the criminal facts stated in the judgment of the court below is erroneous by misapprehending the legal principles, or by misapprehending the legal principles, which affected the conclusion of the judgment. (2) The judgment of the court below is erroneous by misapprehending the facts of the judgment of the court below which found the Defendant guilty of the charges on the ground that the Defendant’s imprisonment (the imprisonment of August 2, 200, the suspension of execution of execution of the two years, and the community service order of 80 hours) declared by the court below is too unreasonable.

B. For the following reasons: (a) the Defendant’s list of crimes attached to the lower judgment on the grounds of erroneous determination of the facts by the prosecutor.

As seen in the subsection, it is in the trial.