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(영문) 광주고등법원 (전주) 2013.06.18 2013노38
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (which was submitted after the lapse of the period for submitting the grounds for appeal) 1), the fact that the Defendant entered into a contract for the purchase of money with the victim F to receive the payment from the victim, or that he did not receive the money from the victim in collusion with G, so the lower court found the Defendant guilty of this part of the charges, on the grounds that he did not recognize the criminal intent of conspiracy or deception with G, and therefore, the lower court erred in matters of law that affected the conclusion of the judgment by mismisunderstanding the facts, and thus, even if it did not receive any unfair sentencing, the sentence (3 years and six months of imprisonment) imposed by the lower court is too unreasonable.

B. A prosecutor 1) In light of the facts found in the court below as follows: (a) the Defendant and the victim F, which entered into a contract on November 25, 2010 between the Defendant and the victim F of the fact that he additionally acquired KRW 2 billion (the Defendant received KRW 1 billion from the victim as the down payment and supplied the victim with the goods corresponding thereto, and then additionally received the down payment from the victim after he received it as the down payment; and (b) the Defendant was aware that the victim would have invested KRW 3 billion in the Defendant at the time of entering into the said investment contract with the victim; (c) the Defendant may be deemed to continue the deception to receive KRW 1 billion from the victim in accordance with the above investment contract; and (d) the Defendant could be deemed to have received the additional investment from the victim on the extension thereof, and thus, there was a commencement of the crime of fraud against the entire amount of KRW 2 billion. billion. However, the court below attempted the instant fraud against the Defendant.

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