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(영문) 서울고등법원 2013.05.10 2013노471
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

Since the Defendant believed to be able to make a lot of profits through the Seoul Office, etc., and made an investment in shares with the money received from the victim H, thereby making efforts to gain profits to the victim H, and thereby causing damage to the wind that is not deemed to have been inflicted on the victim H, the Defendant did not intend to obtain money from the beginning. Since the victim H had no intention to obtain money from the beginning, it is difficult to view that the Defendant was deceiving the Defendant since the Defendant had been engaged in a financial institution as the director of the community credit cooperative loan

Inasmuch as the amount of KRW 3,482,927,400 paid by the Defendant to the victim H exceeds the amount of KRW 3,038,073,80 paid by the Defendant to the Defendant, the victim H does not incur any damage to the victim H. Since the Defendant’s husband F does not have any profit acquired by considering the loss, the crime of fraud is not established.

Since the Defendant believed that the Defendant would be able to obtain a large number of profits through the Seoul Office, etc., and solicited the victim K, etc. to make an investment, and received money from the Defendant, the Defendant did not intend to obtain money, and the victim M and N, who are the father or mother of H, merely recommended investment by H to the victim M and N, who are a child of H, and the Defendant did not make an investment recommendation, and thus, the crime of fraud is not established.

From January 1, 2003 to June 1, 2012, the Defendant only paid the principal and interest pursuant to the agreement while making a long-term monetary transaction with the victim R, and the Defendant did not pay a part of KRW 155,88,300 out of the transaction amount on the wind of fraud. Thus, the Defendant did not defraud the victim R by deceiving it.

The punishment sentenced by the court below of unfair sentencing (three years of imprisonment) is too unreasonable.

Each fraud against prosecutor C, D, and E, and the fraud of O on April 8, 2009 and July 13, 2010, N on May 3, 201, and September 30, 201.

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