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(영문) 서울고등법원 2013.09.13 2013노2442
특정경제범죄가중처벌등에관한법률위반(사기)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. Defendant A, the representative director of L (hereinafter “L”) pretended to purchase the machinery owned by L from O, and acquired the proceeds from the lease from the victim P Co., Ltd. (hereinafter “victim”), the crime of this case is deemed to be unfair even if the court below’s punishment is too unreasonable, by taking into account the following factors: (a) the machine price is so unftened and the false sales contract and quotation is prepared and presented in the process; (b) the amount acquired through the crime of this case is a relatively larger amount of KRW 1.9 billion; (c) the victim was not recovered from damage; (d) the victim did not want to be punished; (e) the victim had the same criminal history; (e) the Defendant had the same criminal history; and (e) the Defendant’s age, character and conduct, motive and background of the crime; and (e) the circumstances before and after the crime.

B. The crime of this case committed by Defendant C is that the Defendant, an operator of theO, conspireds with L’s representative director and the director in charge of fund management and acquired the leased money from the victim by pretending to purchase L’s equipment. The crime of this case was committed in the process of preparing and presenting a false sales contract and a written estimate. The crime of this case was committed in the following manner: (a) the Defendant gains personal benefits, such as partial repayment of the claim against N’s own living partner and obtaining some payment; (b) the victim did not recover from damage; (c) the victim did not have been punished; (d) the victim had the same criminal history; (d) the Defendant had the same criminal history; and (e) the Defendant’s age, character and behavior, the motive and background of the crime; and (e) the circumstances before and after the crime.

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