logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.11.02 2017노2031
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant does not challenge the fraud of the victim L, P, and R.

1) Fraud against the victim D (2017 Gohap 1196) by deceiving the victim D and deceiving the victim D

Of the KRW 9,914,858,092 against which a prosecution was instituted, the injured person was not paid the amount.

The remainder of KRW 7,814,858,092, except for the 2.1 billion won claimed, is repaid to the victim by the defendant, so there is no intention to commit deception or fraud by the defendant.

On the other hand, the defendant argued that he had no intention to commit deception or fraud with respect to the portion repaid to the victim in the original written reasons for appeal, and argued that he had the scope of repayment amount, and that on September 7, 2017, on the date of the first trial on September 7, 2017, the defendant revoked the mistake of facts and misapprehension of legal principles with respect to the amount of principal not repaid 2.1 billion won

2) Fraud against the victim H and T (2017 Gohap 319) by deceiving the victim H and T

Of the amount of KRW 2,398,05,00 which was prosecuted, the remainder of KRW 1,58,050,000,000, excluding the amount of KRW 810,000,000 which the victims had not been reimbursed, is not recognized as a criminal intent of deception or deception of the defendant, since the defendant repaid to the victims.

On the other hand, the defendant argued that he did not have any intention to commit deception or fraud with respect to the portion repaid to the victims in the initial appellate brief, and argued that he withdrawn his assertion of mistake as to facts about KRW 810,000,000,000 of the principal amount claimed on the date of the first trial on September 7, 2017.

3) Fraud of the victim V (2017 Gohap 374) by deceiving the victim V and deceiving the criminal defendant.

Of the 1,266,710,000 won against which a public prosecution was instituted, the injured person was unable to receive payment.

Since the defendant pays to the victim the amount of KRW 616,710,000, the remainder of KRW 616,710,000, excluding KRW 650,000, the criminal intent of deception or fraud of the defendant is recognized.

arrow