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(영문) 울산지방법원 2013.08.16 2013노379
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds of appeal in this case, the sentence imposed by the court below on the Defendants (such as two years of imprisonment and a fine of three million won, Defendant C: Imprisonment with prison labor for 10 months, Defendant D: imprisonment with prison labor for 8 months) is too unreasonable.

2. Determination

A. Defendant A paid KRW 12,600,000 to the victim AY, and the Defendant agreed with the victim BS, BT, BU, BW, BX, BY, BY, CA, and CB due to confinement life. However, each of the crimes of this case was committed by deceiving many victims as if the Defendant would guarantee high profit, and exchanged game money with money without permission, and thus, it was poor in light of the content of the crime, method of crime, and scale of damage. The Defendant played a leading role in each of the crimes of this case; the Defendant did not recover damages to victims of each of the crimes of this case; the Defendant was sentenced several times of punishment due to fraud, etc.; the Defendant was sentenced to suspended sentence on November 5, 2010 to imprisonment with prison labor; and the Defendant did not appear to have been sentenced for a grace period of 2 years, and the Defendant did not appear to have been sentenced to punishment repeatedly under Article 215(1)1 of the Criminal Act. Thus, the lower court’s first judgment and the Defendant’s first judgment.

B. Defendant C had set up a right to collateral security on the real estate owned by the Defendant to the victimCC, etc. for the first time in the trial, and the victim CD, CE, CF, and CG.

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