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(영문) 서울고등법원 2018.03.15 2017노2511
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of four years and six months.

Of the facts charged in the instant case, the victim AV.

Reasons

The summary of the grounds for appeal is as follows: The defendant did not commit the crime of defraudation by deception 2 No. 1 attached Table 1 of the judgment below.

There is no reason to let K Co., Ltd. gain profit equivalent to KRW 150 million of down payment by deceiving intentionally the victim G by fraud.

The victim G entered into a direct contract, and the defendant thought that the victim G would pay part payments and the balance as a matter of course.

The two projects related: The Defendant did not commit the crime of defraudation of the crime No. 68 (100 million won), No. 78 (200 million won), No. 85 (899 thousand won), and No. 91 (18 million won) in attached Table 1 of the judgment of the court below.

The defendant was accused of theJ in relation to the receipt of investment of 20 billion won from 20 billion won, and due to that, the victim G was only involved in the process of paying KRW 100 million to J.

After that, the defendant was not involved in the above investment.

The punishment of the court below (4 years of imprisonment) is too unreasonable.

According to the evidence submitted by the prosecutor, it can be sufficiently recognized that the defendant committed the crime of defraudation by deception Nos. 1 through 5 of the crime list 2 of the judgment below.

The sentence of the court below's improper assertion of sentencing is too uncomfortable.

An ex officio determination prosecutor shall change the facts charged regarding the crimes listed in the annexed Table 52, 70, 110, 137, and 138 (the crimes listed in the annexed table 1 to 5 of the judgment below) of the indictment at the court below as follows, and received a total of KRW 1,392, 89,510 in the last day of the annexed list of crimes in the indictment.

"A total of KRW 1,370,671,360 has been issued," and this Court has approved the application and changed the subject of the judgment.

The method of acquiring the money by means of acquiring the money by the method of acquiring the money by the first time after the amendment of the bill of amendment before the bill of amendment shall be the settlement name of the card of the defendant 6,000 on July to August 52, 2014.

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