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(영문) 서울고등법원 2015.02.05 2014노2264
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The part of the judgment of the court below regarding the fraud against D among the guilty and the acquitted part shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The lower court found the Defendant guilty of the fraud of D among the instant facts charged and of each occupational embezzlement (Embezzlement of advertising proceeds of AC electronic banner and embezzlement of advertising proceeds of AG building electronic banner), and found the remainder of the facts charged.

On the other hand, the defendant appealed against the guilty portion of the judgment of the court below, and the prosecutor appealed against the fraud of D among the acquittal portion of the judgment of the court below and embezzlement of AC Electronic Placards advertising revenues.

Therefore, among the acquitted parts of the judgment below, the embezzlement of the advertising proceeds of an electronic banner in AG building without the prosecutor's appeal is separate and finalized and is not included in the subject of the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts [Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)] at the time of borrowing KRW 200 million from the victim G on June 9, 201, the Defendant did not mean that the name of the permitting authority with respect to the outdoor electronic sign board of H building was jointly given at the time of borrowing KRW 200 million from the victim G, and that he would offer as security the claim for return of deposit for lease deposit under the name of 50,000,000,000 won from the victim G. After borrowing KRW 450,000,000 already from the victim G, the Defendant was under the name of the permitting authority with respect to the outdoor electronic sign board of H building at around September 201, and the Defendant did not pay money to the Defendant at the time of borrowing the money for the operation of the business as a profit of the Defendant, and the Defendant did not receive money from the victim at the time of borrowing the money.

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