(영문) 서울고등법원 2018.02.23 2017노2881 | 리걸엔진

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(영문) 서울고등법원 2018.02.23 2017노2881

특정경제범죄가중처벌등에관한법률위반(사기)

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

The judgment below

part of acquittal.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts or misunderstanding of the legal principles (guilty part in the judgment of the court below) Defendant used KRW 250 million invested to the victim as “Bak Money” in the name of borrowed money.

In other words, it is not true that the use of the above investment money was deceiving.

Even if the Defendant was accused, as above,

Even if the above 250 million won is paid as a loan, it is based on the victim's intent to do so, so it is not related to the act of deception and the act of disposal, and it cannot be said that the amount of fraud is specified as KRW 250 million.

However, the lower court found the Defendant guilty of this part of the facts charged and erred by misapprehending the legal doctrine.

2) The punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts or misunderstanding of legal principles (not guilty part in the judgment of the court below) and violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) was used by the Defendant for a portion that is irrelevant to the purpose of investment by the victim of more than half of the amount paid as investment funds.

However, the lower court found the Defendant not guilty of this part of the facts charged on the ground that some of the money was used for investment purposes. In so doing, the lower court erred by misapprehending the legal doctrine or mistake.

B) The Defendant used KRW 30 million out of KRW 100 million paid to the victim as investment money to the part unrelated to the purpose of investment, such as repayment of personal debt.

Although the court below found the Defendant not guilty of this part of the facts charged, it erred by misapprehending the facts or by misapprehending the legal principles.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. The Prosecutor’s assertion of misunderstanding the facts or misunderstanding of the legal principles is 1) The summary of the public office room is the representative of D Co., Ltd. (E) with the purpose of entertainment planning business.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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