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(영문) 의정부지방법원 2019.11.22 2019노1774
사기등
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

Defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Where an appeal against a judgment of conviction in the scope of adjudication by this Court is filed, the confirmation of a compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings). In addition, an applicant may not file an appeal against the judgment dismissing an application for compensation or admitting a part thereof.

(Article 32(4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. The court below accepted the application for compensation order filed by C, rejected the application for compensation order filed by the applicant for compensation. Since the applicant cannot file an objection against the dismissed part, the above dismissed part becomes immediately and conclusive and excluded from the scope of adjudication of this court. The cited part of the compensation order is deemed to have been appealed pursuant to Article 33(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. However, although the defendant and his defense counsel did not state the grounds for appeal regarding the cited part of the compensation order in the petition of appeal and the appellate brief submitted by their defense counsel, and even after ex officio examination, the court below did not find the grounds for cancelling

2. Summary of grounds for appeal;

A. The punishment of the lower court (five years of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

3. We also examine the argument of unfair sentencing by the defendant and prosecutor.

Each of the crimes of this case is to acquire a total of KRW 3,318,00,000 from 210 to the effect that the defendant would guarantee the principal of the investment, along with the high profit, if the defendant takes charge of the investment money against 22 victims. It is to obtain a total of KRW 10,417,510,000 from 210 without obtaining authorization, permission, or filing a registration report under the statutes, and it is to conduct an act of receiving money without delay from 210 persons. The method of each of the crimes of this case, degree of damage to the victims, and

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