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(영문) 서울고등법원 2017.04.26 2016노3151
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence against Defendant A and C (unfair sentencing) (Defendant A: imprisonment with prison labor for three years and six months, and Defendant C: imprisonment with prison labor for three years) is too unreasonable.

B. Defendant B 1’s misunderstanding of the facts as indicated in the lower judgment (as to 2016 high 427), Defendant B 1-A of the facts constituting the crime as indicated in the lower judgment (as to 10,000 won, excluding KRW 2,00,000,000,000,000,000,000 won, for Defendant A’s receipt of KRW 4 through 8 times in the net time [the crime sight table 1] (hereinafter “crime sight table”).

The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts, in the absence of credibility with the entries of A’s business pocket book and its statements related thereto.

B) As to the receipt of KRW 30 million from A during the period of 90 million, the Defendant only received KRW 15 million, not KRW 30 million from A.

A In relation to this, A conveyed to the Defendant a total of KRW 30 million by borrowing KRW 20 million from C on the day of giving or receiving money.

In full view of the statements of A and C and the details of each day, it is physically impossible for A to borrow KRW 20 million from C on the day.

As such, A's above statement is not reliable.

Therefore, the judgment of the court below that found A guilty of this part of the facts charged based on the above statements made by A without credibility is erroneous due to mistake of facts.

In addition, the defendant's receipt of KRW 15 million from A was intended to deliver it to CG as his superior, and the defendant actually delivered it to CG according to the purport that he received the above KRW 15 million.

The lower court determined otherwise on this part, and cited the facts.

2) The sentence of the lower court against the criminal defendant (a punishment of 4 years of imprisonment and fine of 81,00,000,000 won, additional collection of 81,00,000) is too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

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