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(영문) 부산고등법원 (창원) 2017.09.13 2017노127
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time when the Defendant received ownership of the network from the victim B on April 1, 2015, he/she had the ability to repay the balance of the purchase price.

Nevertheless, the defendant did not have the ability to repay at the time.

In light of this, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the fact as a hearing failure.

2) The victim B, while operating an agricultural product storage warehouse in the name of "I Co., Ltd." (hereinafter "I"), was engaged in transactions between the defendant and several years, such as keeping agricultural products in the name of "I Co., Ltd." (hereinafter "I"), and was aware of the fact that the defendant's financial situation and method of business could be sufficiently recognized, and the defendant's business could be deemed to have been significantly damaged if the defendant's business was not carried out. Thus, the victim B, knowing the fact that the defendant could have been aware of the fact that the defendant's business was not carried out as the purpose

shall not be deemed to exist.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the judgment.

B. In light of the legal principles as to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), the Defendant did not provide the victim G with his/her life and mathy as a repayment, but provided as a collateral for transfer, and thus, he/she was only owned by the Defendant G, and thus, he/she did not own the life and mathy. Thus, the Defendant

Even if embezzlement is not established, embezzlement is not established.

Nevertheless, the judgment of the court below convicting this part of the facts charged is erroneous in the misapprehension of legal principles, which affected the judgment.

(c)

Joint and several suretiess.

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