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(영문) 부산지방법원 2020.11.13 2020노2834
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant is 600,000 won to the I who is an applicant for compensation.

Reasons

1. The court below accepted the application for compensation order B by the applicant for compensation, and the defendant shall be deemed to have appealed the part of the compensation order pursuant to Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings by filing an appeal against the judgment below.

However, the defendant and his defense counsel did not state the grounds for appeal regarding the part of the order for compensation in the petition of appeal and the statement of grounds of appeal submitted, and even if ex officio examined, the order for compensation in the original instance cannot be found to have any grounds for

2. Summary of grounds for appeal;

A. Defendant (the factual errors and inappropriate sentencing) 1) thought that the act as stated in its holding is a business of collecting claims, and did not know that the act was received cash from the victims and deposited it in the passbook without passbook, and that it was the delivery of the money by acquiring money from the victims of the crime of Bosing. Therefore, the Defendant did not have been involved in the crime of Bosing as stated in its holding, and there was an error of misunderstanding of facts in the judgment of the court below convicting the Defendant of the facts charged in this case. (2) The punishment (two years of imprisonment and confiscation) sentenced by the court below

B. The sentence imposed by the lower court is too uneasible and unfair.

3. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted that this part of the grounds for appeal were the same, and the lower court acted in accordance with C’s instructions, such as ① the Defendant, from time to time, took contact with one of the parties to the Bosing Organization C, crushinging a deposit certificate and deleting monetary records, ② the Defendant introduced the victims as an employee of the Financial Supervisory Service or a PP employee, as well as the victims from time to time to time change their affiliated organizations, and ③ the Defendant introduced them to the victims or responded to the victims’ physical records, and ③ the Defendant performed the instant crime.

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