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(영문) 울산지방법원 2015.09.04 2015노521
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendants filed each appeal on the grounds that the court below’s respective punishment (a fine of three million won) declared against the Defendants is too unreasonable and unfair. The prosecutor filed each appeal on the grounds that the court below’s respective punishment is too unfeasible and unreasonable.

2. However, in the case of this case, even if the Defendants, a joint owner, were paid the guidance money from the victim because the guidance was not operated normally, it was not possible to pay the guidance money to the victim even if the Defendants received the payment of the guidance money from the victim, but did not notify the victim of the above situation, and the Defendants deceiving the victim to receive the payment of the guidance money from the victim without notifying the victim of the above situation, and the crime is inferior; the damage amount is not less than 18 million won; the damage amount is not less and the damage was not recovered due to the agreement with the victim.

On the other hand, the defendants recognized all of the crimes of this case when they were in the trial, and are in violation of depth, and the defendants committed the crimes of this case as joint owners in the course of trying to maintain the instant system, and there are some points to consider the motive for the crime of this case, and there seems to exist no benefits acquired personally by the defendants, and the defendants were first offenders who did not have any criminal power, etc. favorable to the defendants.

Examining the Defendants’ age, family relation, criminal record, character and conduct, environment, means and method of committing a crime, motive and circumstance of the crime, and circumstances subsequent to the crime, etc. in light of the circumstances favorable to such unfavorable circumstances, the lower court’s judgment cannot be deemed as being excessively heavy or unreasonable as it is deemed that the sentence imposed by the lower court should be reversed.

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

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