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(영문) 울산지방법원 2016.06.30 2016노375

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal (a punishment of imprisonment of three years and six months, 33,248,00 won) is too heavy or unreasonable.

2. The instant crime was committed by the Defendant with a trust relationship and by deceiving the Defendant with the borrowed money and the borrowed money. The majority of the victims are 22 persons, the amount of damage reaches 1.3 billion won, and the victims are not completely able to recover damage, and the victims are trying to punish the Defendant, which is disadvantageous to the Defendant.

However, in full view of the following circumstances: (a) the Defendant recognized all of the instant crimes; (b) the first offender who has no criminal history; (c) the developments leading up to the instant crime; and (d) the Defendant’s age, sexual conduct, environment, and circumstances before and after the instant crime; and (c) other circumstances constituting the conditions for the instant sentencing as indicated in the trial process, such as the Defendant’s age, sex, and circumstances before and after the instant crime, the lower court’s punishment is too heavy or unbrupted, and thus, it does not seem unfair

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.