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(영문) 서울고등법원 2014.11.28 2014노1661
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Of the judgment below against the defendant, it is about the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

Reasons

1. The progress of litigation and the scope of adjudication of party members;

A. 1) The lower court’s decision: (a) The summary of the facts charged against the Defendant: (a) on July 26, 2004, the fact that the Defendant did not have the intent or ability to repay; (b) the Defendant received KRW 140 million from the victim E who lacks normal judgment capacity to repay money; (c) the Defendant acquired the amount equivalent to KRW 560,70 million in total from November 20, 207 under loan name until November 20: (b) the Defendant was not guilty of the charges of quasi-rape on the disabled: The Prosecutor’s 2000,000 won was remanded to the lower court on the ground that the Defendant was not guilty of the facts charged; (d) the lower court’s judgment was reversed on the ground that there was an error of law by misapprehending the legal principles on the victim’s deception and the content of the appeal against the Defendant, which was remanded to the lower court on March 20, 2007, by misapprehending the legal principles on the victim’s injury to the Defendant.

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