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(영문) 서울고등법원 2014.11.21 2014노1521
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The supplemental appellate brief shall be considered to the extent of supplement in case of supplemental appellate briefs not timely filed.

A. 1) The Defendant who did not have any intention to mistake deception and deception shall be deemed to be the Japanese Mutual Savings Bank Co., Ltd. (hereinafter “victim Bank”).

A) It is true that the Defendant received a loan from the victim bank as stated in the facts charged in the instant case. However, in light of the following facts: (a) the Defendant was aware that the victim bank provided a loan to the employees of Gangnam amusement establishments through Gangnam-gu amusement establishments as security, as stated in the judgment below, as stated in the facts constituting the crime of the lower judgment; (b) the Defendant was aware that the victim bank provided a document of prepaid payment in the form of the victim bank; and (c) the employees were aware that it was to demand the documents of prepaid payment at the victim bank; and (d) employees were aware that it was to guarantee the payment of prepaid payment in the amount of prepaid payment received at the victim bank; and (b) the Defendant did not know that it was actually taking out a loan as security; and (b) the Defendant did not have any criminal intent to obtain the loan with credit sales generated from the "F" entertainment tavern operated by the victim bank; (b) the lower court erred by misapprehending the legal principles on the acquisition of prepaid money by deception or by deception or recognized the entire amount of fraud.

(b).

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