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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In a case where a victim of mistake of facts and misapprehension of legal principles (the fraud against D) were committed during the Japanese colonial period, and the victim received money from other investors in the name of commission to make an application for compensation from a male with Korean nationality and his/her bereaved family members who were born during the Japanese colonial period, and paid it to the defendant, even if the victim promised to make a profit distribution with other investors, it is merely a reason for sentencing, and thus, it is sufficient to find the defendant guilty of the fraud of this case, which caused the victim's disposal of property.
B. Taking into account the law on the commission of the instant crime and the circumstances in which the injury to the victim E was not recovered, the lower court’s sentence (eight months of imprisonment and two years of suspended execution) is too minor.
2. Determination
A. The summary of the facts charged (the fraud against the victim D) 1) is the F Bereaved Family Association (the representative: G establishes a research institute of the Japan east District Court in around 1991 to arrange and receive documents related to the application for compensation, and the defendant applied for the money from the applicants who actually operated the above incorporated association and publicly recruited the compensation fees for the victims of the Asia Pacific War, such as forced conscription, military personnel, employees, etc., who filed against the Japanese government against the Japanese government by representing 41 members H, etc. at the east District Court of Japan in around 1991, and seeking the refund of the unpaid deposits. The "litigation for the compensation of the victims of the Asia Pacific War" was lost on March 26, 201. The appellate court and the final trial of November 22, 2003 against the Japanese government in the final trial of November 29, 204.
The defendant is together with I.