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(영문) 서울고등법원 2017.08.18 2016노3868
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Part on the crime Nos. 2 through 12 of the judgment and the cost of lawsuit shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 is guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim E (Article 1 of the crime of the lower judgment) (Article 1 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes). Since the victim E was used to prepare 14 billion won according to the victim E’s promise with the victim E, the Defendant conspireded the victim E or acquired the above money.

shall not be deemed to exist.

In addition, the actual amount of money paid by one victim E to the defendant as a prior interest is 30 million won, and since the defendant paid 385 million won to the victim E, the victim E suffered loss in property.

It is also difficult to see it.

B) Each fraud against the victim I (Article 2 of the criminal facts as stated in the judgment below) (Article 2 of the criminal facts as stated in the judgment below) 200 million won (Article 2-1 of the criminal facts as stated in the judgment below) on May 8, 202 (Article 2-1 of the criminal facts as stated in the judgment below) paid to the defendant by the victim I 200 million won to the

B. On May 24, 2002, the part concerning KRW 28 million (the crime No. 2-b. of the judgment below) of the defendant stated in the judgment below did not request the victim I to remit KRW 28 million to the P account in the name of P.

Article 26 of the Civil Code No. 200,000 won on May 31, 2002 (Criminal Code No. 2-3 of the judgment below)

(3) The Defendant was in possession of the Defendant upon the request to lend KRW 30 million from R’s actual manager, the CU.

The victim I only remitted the amount of KRW 25.6 million to the R's account through the employee of the company operated by the victim I, and there is no fact that the victim I borrowed KRW 25.6 million from the victim I.

C) The victim BD's violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (the criminal facts of the judgment below 8-C).

50 million won paid by the injured party BD to the Defendant is the Defendant’s repayment of money to the injured party BD.

Even if the defendant was paid KRW 500 million from the victim BD as investment funds, the defendant was paid KRW 500 million.

In addition, the victim BD is a total of 13 million won from the defendant side.

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