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(영문) 서울고등법원 2017.09.07 2016노4079
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals by the Defendants are dismissed.

Reasons

Defendant A’s assertion of misunderstanding of the facts or misapprehension of the legal principles as to the gist of the grounds of appeal is against the Defendant A’s Hyundai Capital Co., Ltd. (hereinafter “Mod Capital”).

Before filing an application for each of the instant loans, G obtained the consent of G, the name of the loan holder, and G was aware that Defendant A applied for each of the instant loans.

Therefore, the lower court which found the Defendant guilty of this part of the charges erred by misapprehending the facts or by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment

The punishment of the court below (three years of imprisonment) is too unreasonable.

Defendant

B: Defendant B was aware that Defendant A had obtained the consent from Defendant A, the name of the loan, before Defendant B applied for each of the instant loans to the modern capital of the victim.

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous, which affected the conclusion of the judgment.

Judgment

The lower court rejected the Defendants’ assertion in detail, on the ground that the Defendants’ assertion of mistake of facts or misapprehension of legal doctrine is identical to the grounds for appeal of this case, and the lower court stated in the judgment that “Judgment on the Defendants’ misunderstanding of facts or misapprehension of legal doctrine” was stated in detail.

In light of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court’s determination is justifiable, and it did not err by misapprehending the legal doctrine as pointed out by the Defendants.

Therefore, this part of the Defendants’ assertion is without merit.

① Defendant A obtained consent from G in relation to loans, but did not specifically talk about the deposit account, etc. in which loans or loans are remitted to G.

The statement was made (Evidence No. 1, 276 pages).

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