(영문) 부산고등법원 2015.10.21 2014노157 (1)

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(영문) 부산고등법원 2015.10.21 2014노157 (1)

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The guilty portion shall be reversed.

The defendant is not guilty. The summary of the judgment of innocence is not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant: Compared to misunderstanding of facts and misunderstanding of legal principles (the guilty part of the judgment of the court below) 1) that the Defendant employed employees in accordance with due process, and received the check from B with repayment of the existing obligation. P and B’s prosecutor’s statement by attending the court below as a witness and destroying the statement at the prosecutor’s office, and testimony was made. Although there is no credibility in P and B’s statement, it was erroneous that the court below found Defendant guilty of this part of the facts charged on the basis of P and B’s prosecutor’s statement. 2) Although the Defendant was asked by B to seek employment ID for employment of V, he was issued with employment ID upon having requested by B. However, even though he did not know that he was a principal offender D, the court below erred by misapprehending the facts or by misapprehending the legal principles, and found Defendant guilty of this part of the facts charged.

3) The Defendant, in collusion with C, etc., did not obtain money from AG for the purpose of recovering damage caused by the fraud of B, etc., and instead, returned KRW 100 million to DD bank account known to AG wife as of the following day, the lower court found the Defendant guilty of this part of the facts charged. (B) The Defendant’s statement by the victim of misunderstanding of facts (not guilty part of the lower judgment) (not guilty part of the lower judgment) and the prosecution’s statement by AY and AX was said to be the Defendant to receive the interest-free subsidy of KRW 1.7 billion from M, and it was consistent with the statements by B, C, E, etc. which led to the confession of the crime, and thus, the lower court acquitted the Defendant of this part of the facts charged.

2) The lower court’s sentence against the Defendant of unreasonable sentencing (one year of imprisonment with prison labor and two years of suspended execution, etc.) is unreasonable.

2. Defendant’s assertion of mistake of facts and misapprehension of legal principles.

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