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(영문) 부산고등법원 (창원) 2013.10.18 2013노196
특정경제범죄가중처벌등에관한법률위반(사기)등
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The judgment of the first instance is reversed.

Defendant

A Imprisonment with prison labor for two years and for one year and ten months, respectively.

(b).

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court of Defendant A (two years of imprisonment) is too unreasonable.

B. Defendant B (1) received KRW 30 million from Co-Defendant A on March 9, 2009 and April 6, 2009 from Co-Defendant A, however, the first instance court erred by misapprehending the fact that the Defendant was guilty of fraud even though the Defendant did not induce the victim I by deceiving the victim I, in collusion with the above A, even though the Defendant did not commit a fraudulent act. (2) The sentence of imprisonment (two years of imprisonment) sentenced by the first instance court of unfair sentencing is too unreasonable.

2. Determination

A. As to Defendant B’s assertion of mistake of facts, the first instance court: (a) duly admitted and investigated evidence; and (b) comprehensively taken account of the following circumstances, namely, (c) the Defendants’ property status was not sufficiently sufficient at the time of the commencement of lending money from the victim I; (d) Defendant B was aware that there was no funds to take over the film center; and (e) Defendant A was well aware that there was no funds to take over the film center; (c) Defendant A attempted to take over the film center with Defendant A; and (d) Defendant A attempted to take over the film center under the plan to cover the total amount of the purchase price of the film center; (c) Defendant A attempted to take out the film center with the intent to take out the sales contract of the film center; (d) Defendant B did not borrow money from the victim I for the purpose of concluding the sales contract of the film center; and (e) Defendant B did not have any money borrowed from the victim I to raise funds to take over the film center of this case; and (e) Defendant A demanded several reasons for taking over the film center of this case from the victim’s.

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