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Reasons
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(영문) 서울고등법원 2018.06.26 2018노296
특정경제범죄가중처벌등에관한법률위반(사기)등
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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not receive KRW 27,50,000 from Victim N on December 23, 2008, the part of the victim N (excluding the part of the judgment of the court below not guilty) (1) 23.27.5 million on December 23, 2008 (the part of the judgment below excluding the part of the acquittal of the reasons) from Victim N.

(2) On May 6, 2009, KRW 194 million and KRW 194 million (the crime committed at the court below) are deposited by the defendant in the AD account in the name of the victim N, and it is not a deposit paid by the victim N.

(3) On July 1, 2009, KRW 50 million (the crime sight table 12 of the judgment below) was delivered by the Defendant at the check from AJ to the Defendant, and the Defendant was not paid by the victim N.

(4) The portion of KRW 95 million on July 28, 2009 (the daily list of offenses in the court below 13) stated that W, who is an employee of the mooring division, received KRW 95 million from the defendant, shall not be paid by the victim N.

(5) The portion of KRW 32 million on August 10, 2009 (the daily table of crime of the court below 14) is the remittance of the money that AW is to pay to the defendant in lieu of AW, and it is not the payment made by the victim N.

(6) The portion of KRW 85 million on August 31, 2009 (the daily list of offenses in the lower court) is not the money received from the victim N, but the money received by the Defendant.

B) Among the part of the victim Q Q, the Defendant did not have received the foregoing visibility 5 times the sight of the crime committed in the lower court.

C) Of the part of the victim R, there is no fact that the Defendant received KRW 29 million from the victim R on September 22, 2008 and KRW 50 million on November 19, 2008 (the crime sight table 4.2 and 5 in the lower judgment) from the victim R.

2) The sentence of the lower court’s improper sentencing (five years of imprisonment) is too unreasonable.

B. Prosecutor 1) According to the victim R's statement of misunderstanding the facts (not guilty in the judgment of the court below), the defendant's crime No. 4 is recorded in the judgment of the court below.

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