(영문) 울산지방법원 2013.09.27 2013노450



All appeals filed by the defendant and prosecutor are dismissed.


1. Summary of grounds for appeal;

A. In light of the records of this case, the court below acquitted the Defendant on the charge of fraud among the facts charged in this case on the ground that it is difficult to deem the Defendant to have participated in the loan fraud crime committed by a person who has failed to obtain the name, although the Defendant could have conspired with the person who has committed the loan fraud in collusion.

Therefore, the judgment of the court below is erroneous.

B. As to the sentence of unfair sentencing (a year, June, and confiscation) by the lower court, the Defendant asserts that the Defendant is too unlimited and that the prosecutor is too uneasible and unfair.

2. Determination

A. The court below acquitted the defendant of the facts charged that he received money from the victims as a loan deposit, etc. after the defendant conspiredd with the victim in collusion with the victim's name in order to make a loan without the intention or ability to make a loan, on the grounds as stated in its reasoning. In light of the reasoning and record of the judgment of the court below, the judgment of the court below is justified, and the judgment of the court below is not erroneous in the misapprehension of facts as alleged by the

B. Of the instant crime regarding the assertion on unfair sentencing, the Defendant’s fraud by using a computer, etc. among the instant crime was found to have been illegally acquired by taking advantage of the difficult circumstances of ordinary people who want to raise funds in an imminent situation from his name-free persons, and created an account on the Internet game and the Internet website of mobile network operators, filled with cyber money using a mobile phone small-sum settlement, and then sold it, and charged the settlement amount to the cell phone holders who have difficulty as above, and the Defendant hired five employees.