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(영문) 부산고등법원 2019.05.22 2019노123
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The court below rejected the application for compensation by part of F, the applicant for compensation and the applicant for compensation by X, respectively, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Since each of the above applications for compensation was immediately finalized, the part dismissing the above application for compensation is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (nine years of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

3. Determination

A. The Defendant’s judgment on the assertion of unfair sentencing by both parties is very heavy for three years by deceiving a large amount of money exceeding KRW 8.3 billion from the victims.

Most of the victims seem to not only have monetary damage, but also have not been written human faith as a person of the defendant or his husband or a person around.

The victims who have obtained enormous money from the accused are suffering from serious financial and mental distress not only the individuals but also the entire house.

Most victims have not made efforts to compensate for damages to the victims, and most victims have been punished for the defendant.

The Defendant consumed the money obtained by the victims to engage in a friendly life, such as overseas travel with family members, purchase of master goods, and purchase of high-class external vehicles.

Nevertheless, the defendant, on the ground of the recognition of AU process, shows the way to avoid his responsibility by keeping a vindication that he belongs to himself.

In the past, there is no positive change in the situation at all.

However, the defendant is an initial offender who has no record of criminal punishment.

In general, from investigative agencies to the trial of the party, criminal acts are being committed, and they are against themselves.

shall be obtained through deception.

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