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(영문) 울산지방법원 2015.01.16 2014노915
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the misunderstanding of facts and misunderstanding of legal principles in light of the business status of the Defendant and the victim F’s fish driving school and the details of the transfer and acquisition contract of the instant fish driving school at the time when the Defendant acquired the instant fish driving school from the victim F, the scope of the defraudedation against the victim F cannot be recognized. Since the Defendant was well aware of the economic situation of the Defendant’s fish driving school, the scope of the defraudedation against the victim I cannot be recognized. 2) In light of the overall circumstances of the instant case of unfair sentencing, in light of the general circumstances of unfair sentencing, the punishment imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. Determination

A. The reasoning of the lower judgment on the Defendant’s assertion of mistake of facts and misapprehension of legal principles is as follows: (a) considering the Defendant’s financial ability at the time of borrowing money from the Defendant’s victim F, the Defendant’s financial ability at the time of borrowing money from the Defendant’s victim I; (b) the Defendant’s operation of the language school operated by the Defendant at the time; and (c) the process of performing transactions against the victims, etc., it is determined that the Defendant acquired the language school from the above victims and borrowed the money to expand the business in an unreasonable situation where the Defendant’s financial ability is insufficient; and (b) it is reasonable to deem that the Defendant had the intent

Therefore, the judgment of the court below which found the defendant guilty of this part of the facts charged is just and it does not seem that there is an error of mistake or misunderstanding of legal principles.

B. There is no penalty power exceeding the punishment power or fine due to the same crime against the defendant in determining the unfair sentencing of the prosecutor and the defendant; and

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