logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2013.10.10 2013노1086
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. From the beginning of this case, the defendant plans to attract others to open a wedding hall business by inducing investments in the instant wedding hall business, and to operate it by combining his own wedding hall management know-how. Since it is virtually impossible for the defendant to solely bear the business funds for a large scale project expected to be more than 20 billion won, it is improper for the defendant to conceal the criminal intent of defraudation on the ground that he started the instant wedding hall business with only a part of the business funds, and there is no fact that the defendant actually paid the lease deposit amount of KRW 10 billion and actively made false statements that he actually has the refund claim equivalent to the amount, and there is no fact that the defendant actually paid the lease deposit amount of KRW 10 billion and actively made a refund claim equivalent to the amount. The court below found the defendant guilty of the facts charged in this case without the victim's intent or ability to acquire property or profits from the victims.

B. Even if the facts charged of this case were to be found guilty, the sentence imposed by the court below against the defendant (eight years of imprisonment) is too unreasonable.

2. Ex officio determination

A. According to the evidence duly adopted and examined by the court below and the court below on July 7, 201, prior to the judgment on the grounds of appeal by the defendant as to concurrent crimes, the defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Incheon District Court on July 7, 201.

arrow