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(영문) 서울고등법원 2017.03.07 2016노2843
특정경제범죄가중처벌등에관한법률위반(사기)
Text

[Defendant A, C] Defendant A, C and Prosecutor's Appeal are all dismissed.

[Defendant B] Of the judgment below, Defendant B.

Reasons

The summary of the reasons for appeal is that the punishment (six years of imprisonment) imposed by the court below against the defendant A is too unreasonable.

Defendant

B The punishment sentenced by the court below against the defendant (five years of imprisonment) is too unreasonable.

Defendant

C Fact-misunderstanding Defendant did not acquire money by deception by conspiracy with other Defendants, such as inducing victims to engage in the conduct of the former military head of the military force or to make an investment in relation to underground funds.

However, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty.

The punishment sentenced by the court below to the defendant (two years and six months of imprisonment) is too unreasonable.

In light of the prosecutor’s misunderstanding of the facts and legal principles, Defendant A, B’s confession, J and K’s statement, etc., the Defendants may fully recognize the facts charged of acquiring KRW 50 million on August 9, 2012 and KRW 14 million on the 14.10 million on the same month.

Therefore, the judgment of the court below which acquitted the above facts charged is erroneous in the misunderstanding of facts and legal principles.

In accordance with the J’s demand, AG remitted KRW 500 million to the Defendants on August 23, 2012, the J is the actual owner of the said money, and the said money is the victim of defraudation.

Therefore, the judgment of the court below which acquitted the victim of the above money by deeming it as AG, is erroneous in the misapprehension of facts.

The punishment sentenced by the court below against the defendants is too unfortunate and unfair.

Defendant

If a person who has committed perjury as to the judgment on the part B, voluntarily surrenders himself/herself before the judgment or disciplinary action on the above case becomes final and conclusive (Article 153 of the Criminal Act). According to the records, the defendant can be acknowledged the facts that he/she led to the confession of the above perjury on July 4, 2016, before withdrawal of appeal from the appellate court of the civil case (Seoul High Court 2015Na 20159239), which is the day before withdrawal of appeal from the appellate court of the foregoing case (Seoul High Court 2015Na 2049239).

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