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(영문) 광주고등법원 (전주) 2016.05.31 2015노220
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Part concerning Defendant A and B shall be reversed, respectively.

Defendant

A and B shall be punished by imprisonment for two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B1) Defendant A did not submit a false purchase and sale agreement in which the purchase price of the instant land was KRW 2.5 billion to the NAF, and thus, Defendant A did not deceiving the NAF, and did not have any intent to deception.

Nevertheless, the court below found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The court below erred by misunderstanding the facts or misunderstanding the legal principles.

2) Defendant B’s defense counsel stated that at the fourth trial date, Defendant B made a statement that he/she had been aware of the facts charged of the instant case, but the withdrawal of the grounds for appeal by mistake of facts or misapprehension of legal principles was clearly made.

Therefore, we cannot see this.

The Defendant was unaware of the fact that the actual purchase price of the instant land was one billion won, and did not in collusion with Defendant A about illegal loans, thereby deceiving the Victim Nonghyup.

Recordings that the court below considered as evidence of guilt are not all the contents of conversations, but some of them are compilations, and they are illegal evidence which Defendant A intentionally accessed and recorded.

Nevertheless, the court below found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud). The court below erred by misunderstanding the facts or misunderstanding the legal principles.

B. According to the evidence submitted by the prosecutor to the part of the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (a) against Defendant A and B by mistake of facts or misapprehension of legal principles, Defendant B conspired with Defendant A to conduct the instant loan in violation of the duties of the victim agricultural cooperative, thereby causing property damage to the victim agricultural cooperative, and the above Defendants knew that the instant loan would cause property damage to the victim.

It shall be fully recognized.

Nevertheless, the court below held as above.

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