(영문) 부산고등법원 (창원) 2015.04.01 2014노354

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(영문) 부산고등법원 (창원) 2015.04.01 2014노354

특정경제범죄가중처벌등에관한법률위반(사기)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Since the guaranteed debt which the defendant has endorsed in the name of the Co., Ltd. in the statement of the party shares issued by misunderstanding of facts or misunderstanding of legal principles is the obligation that G, the principal debtor, should complete, the defendant should be forgotten, and the defendant does not notify the victim of the guaranteed fact, and the defendant does not belong to part of the victim.

In addition, as to the joint and several liability amounting to KRW 140,00,000,000,000 and the amount to be additionally lent to H, which is KRW 140,000,00,000,000, which was already loaned to H, the Defendant did not notify the victim of the joint and several liability with the knowledge that the said joint and several liability is null and void because the Defendant did not lend to H, after H, KRW 100,000,000,000,000,000,000,000,00

In addition, a joint and several liability debt of the mutual savings bank shall be notified to the victim at the time of the conclusion of the stock sales contract with the victim and the victim is aware of it. Therefore, the defendant shall not belong to the victim.

Nevertheless, the lower court found the Defendant guilty of the facts charged in this case. The lower court erred by misapprehending the facts or by misapprehending the legal doctrine on the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. The determination of fraud as to the assertion of mistake of facts is established by deceiving another person, thereby acquiring property or pecuniary benefits, based on the defective intent resulting from the deception. The deception as a requirement for fraud refers to active and passive acts that have to be able to carry with one another in the transaction of property widely, and that a certain act constitutes deception that causes a mistake of another person.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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