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(영문) 서울고등법원 2015.09.17 2015노928
사기
Text

All the decisions of the first instance court are reversed.

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) 2015No928 of the case stated that the Defendant did not know that the Defendant had the right to share in specified goods managed in secret interest in the victim K, but did not know of F andO, and K can engnize the State bonds regardless of the Defendant’s possession, and received KRW 10 million as security while delivering the right to purchase state bonds and the original of the passport. Thus, there was no fact that the Defendant in collusion with K, etc., received KRW 35 million from the victim R. (2) 2015No934 (Joint) and did not say that there was an underground fund in custody of the former president, but rather, the Defendant in this case did not say that D had the right to receive KRW 10,000 from the victim D to the fact that there was an underground fund in custody of the former president, and instead, if it did not include the performance bond, 30,000,000 won and KRW 30,000,00.

3) Where the Defendant in the case of 2015No943 (Joint) was a passbook with a high amount of money deposited in the name of the Defendant in the case of 2015No943 (Joint) by paying interest at KRW 150 million in trust of the horses of 200 million and BF received from the victim BC, and trying to increase funds by depositing KRW 100 million in the Defendant’s account in the name of the Defendant, but as a result, it is not impossible to obtain the above KRW 150 million by deceiving BC from the beginning if the increase of funds was lost. (4) The Defendant did not receive the above KRW 150 million in the fraud of 2015No1709 (Joint) A, as to the fraud of 200 million in the victim AR from the beginning, and the Defendant did not receive KRW 500 million in money from AR, and the Defendant entered the above receipt to A00 million in the name of 300 million in the name of the victim.

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