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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
On April 10, 2014, the Defendant did not submit the appellate brief within the due date for submission of the notification of the receipt of the trial records, etc. even when the Defendant received the notification of the receipt of the appellate brief, and there is no indication in the petition
Even after examining records, there is no reason to reverse the judgment of the court below after ex officio investigation.
Therefore, the defendant's appeal shall be dismissed by decision pursuant to Articles 361-4 (1) and 361-3 (1) of the Criminal Procedure Act, but as long as the court rendered a judgment on the prosecutor's appeal as follows, it shall be dismissed by judgment.
The summary of the grounds for appeal concerning the prosecutor's appeal (e.g., a fine of KRW 10 million) of the lower court's sentencing (e.g., a fine of KRW 10 million) is too uneasible
Judgment
The victim K purchased 928/55,00 of the 302-gu I Studio Building 302 from the Defendant in Ansan-si, the purchase price of KRW 48,80,000 (the actual purchase price after discount is KRW 42,80,00,00). Thus, even if the crime of this case was established by the crime of this case, the victim's damage amount arising from the crime of this case cannot exceed the market price of the above 302. The court below stated that the Defendant paid 45,40,000 won to the victim exceeding the actual purchase price and expressed the intent that the victim would not want the punishment against the Defendant, and that there was no criminal conviction and criminal conviction beyond the Defendant's age, character and behavior, motive, means and consequence of the crime, etc., the sentencing of the court below is unreasonable.
Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason.
It is so decided as per Disposition for the above reasons.