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(영문) 부산고등법원 2019.05.30 2018노746
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment of the court below is reversed.

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. Summary of grounds for appeal;

A. Error of facts and misapprehension of legal principles as stated in the judgment below's judgment on the date of lump sum payment (won) No. 19, 5,000,000 on November 19, 2009; 4. 9,000,000 on March 3, 2010; 5,000,000 on April 15, 2010 on August 10, 2010 on August 25, 2010, 2008; 10,000,000 on August 23, 2010 on November 24, 2010; 10,000,009 on November 24, 200 on November 24, 2010.

6. On October 25, 2011, 2000 10,000 13 May 16, 201, 201, 16, 200 16,000 6,000,000, it does not include the facts charged in the instant case.

The Defendant, who was bound to receive 102,000,000 new 102,000,000 of the total sum of 20,000,000 (8 times) was issued by the victim C with the total sum of 12,00,000,000 as stated in the following table, and had been in fact at least eight times, and was paid by the victim E with the total sum of 60,50,050,00 as stated in the judgment below No. 2 of the court below, and did not by deceiving the victims as stated in each of the facts charged in the instant case, thereby deceiving the victims to receive the payment of the expenses.

Nevertheless, since all of the charges of this case were convicted, the court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The lower court’s imprisonment (five years of imprisonment) on the Defendant’s ground of unreasonable sentencing is excessively unreasonable.

2. Summary of the facts charged

A. The violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) (victim C) is an infinite person who creates a law party in the residential area located in Yangsan-si B after receiving the new forest.

The defendant was found to be a health problem of her children in 2005, and the victim was born between her father and her mother with physical disability who was found and known to the victim C, and the victim was born with her mother, and the victim was born with her mother. The victim was also unable to have a usual family because her suicide was committed by outside third villages, and the victim or her child was tried to depend on her speed by preventing the victim from getting a new her child or his her family member from having a bad family.

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