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(영문) 울산지방법원 2013.09.27 2013노278
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the victim was not punished by the defendant under the agreement with T, V, and A, that the victim was endeavored to agree with the victim N, that part of the victim appears to have lent money to the defendant in order to obtain high profit in a short period, and that the defendant was aware of the crime of this case when he was in the first instance, and that his mistake is against the defendant.

However, the defendant's amount of damage caused by the crime of this case reaches 1.473 billion won and the amount is significant. The defendant did not notify the N at the time of borrowing money from N that there was a discussion of transfer or acquisition contract related to business rights at the time of borrowing money, but did not give notice, and the defendant did not agree with the victim other than T, V, and A, and most of the damage was not paid. On April 27, 1993, the defendant had a record of being sentenced two years and six months to imprisonment with prison labor at Busan High Court on April 27, 1993, and the victim I recovered KRW 1.3 million out of the amount of damage caused by civil action and seizure of the victim I, but most of the amount was claimed by the victim I, but the defendant claimed that some victims, such as Q andY, were recovered from damage, but there was no material to recognize this. The defendant falls under the sentencing guidelines [decision of type] The defendant did not agree with the victim, the general fraud, and the defendant did not pay much damages to the victim.

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