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(영문) 부산고등법원 (창원) 2016.11.16 2016노190

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The judgment below

The remainder, excluding the part of compensation order and rejection of compensation application, shall be reversed.

Defendant .

Reasons

1. In a case where an application for compensation is dismissed, the decision of dismissal becomes final and conclusive immediately, and is not transferred to the appellate court, while in a case where an appeal against a conviction is filed, the part of the order for compensation is transferred to the appellate court (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation). According to the records, although the defendant filed an appeal against a conviction of the court below, although the defendant did not state the grounds for appeal against the part of the order for compensation among the judgment below in the petition of appeal and the statement of grounds of appeal submitted by the defendant, and even if ex officio examination is conducted, the part of the

2. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (seven years of imprisonment) is too unreasonable.

3. Each of the instant crimes committed by the Defendant, even though the Defendant did not have the intent and ability to use the investment funds from the victims, by deceiving the victims, and by deceiving them for a considerable period of time as if it was actually made an investment of high-income, and thus, the nature of the crime and the method of crime is very poor. The total amount of damage incurred by each of the instant crimes is very large of KRW 1.74 billion, and the amount of damage has not been recovered, the Defendant did not reach an agreement with the victims, and the victims were punished, and the Defendant committed each of the instant crimes at the Changwon District Court on September 5, 2014. The Defendant committed each of the instant crimes at the same time as the instant crimes at the Changwon District Court sentenced the Defendant to a suspended sentence of ten months for a prison term of ten years, and continued to commit each of the instant crimes while being suspended.

However, all of the crimes of this case are recognized by the defendant, and the victims receive some of the amount of damage from the defendant.