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(영문) 서울고등법원 2019.04.26 2019노589
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

The Defendant, from the beginning with other accomplices, did not have conspired to commit the instant crime; Provided, That the Defendant was only accompanied by B to the place where the Defendant received a set card from the victim and delivered the card to F by using the set card from B.

In light of the degree of the defendant's participation, the defendant is a co-principal of the crime of this case and cannot be deemed as a co-principal.

The sentence of unfair sentencing (one year and six months of imprisonment) by the court below is too unreasonable.

Judgment

In full view of the circumstances such as the background leading up to the receipt of the weather card from the victim recognized by the court below and the evidence adopted and examined by the court below, and the role of the defendant in the process, it is recognized that the defendant, in collusion with E, G, B, and D, by deceiving the victim and deceiving the weather card.

The defendant's assertion of mistake is without merit.

Around October 2016, the Defendant was introduced from H office to re-satise E as a major re-satisfafafafafafafafafafafafafafafafafafafafafaf fafafafafafafaf fafafafafa

D, a church member such as G, introduced G to “C”, and explained G and the Defendant to the effect that E has a large amount of claim against J bank, etc.

B was introduced to the victim M to identify the real estate brokerage through AK, the land owner, and the defective victim who wants to purchase the building was introduced to the victim.

B, on January 2, 2017, in P office Co., Ltd., drafted a letter of intent to trade the purchase price of the building within KRW 143 billion, and entered into a real estate sales contract at the end of January 2017.

After that, the victim B borrowed 3 billion won from the incidental expenses, such as acquisition tax and registration tax, to the victim.

Within two to three days.

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