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(영문) 울산지방법원 2014.07.25 2014노411
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the Defendant is too unafford by the lower court’s punishment (ten months of imprisonment) so as to be too unreasonable, and that the prosecutor asserts that the lower court’s punishment is too unafford and unreasonable.

2. The judgment is based on the records of the same crime that the defendant committed the crime of this case again, and the victim did not recover from damage, each of the crime of this case repeated over a long period of time, the defendant obtains money from the victims or prepares a loan certificate for the purpose of repaying the victims, and thereby falsely notifying the victims of the name or resident registration number. Meanwhile, all of the crimes of this case are recognized and against the defendant, and the part of fraud against the victim D is 25 million won for the purpose of mediating the children's job, and it appears that the victim is also responsible for the victim. The sum of the damage amount of each of the crime of this case can not be said to exceed 30 million won, and it seems that the court below's punishment conditions are too heavy or unreasonable in full view of the circumstances of the crime of this case, the previous crime, the circumstances after the crime of this case, the defendant's age, personality and behavior, etc.

3. In conclusion, the appeal of this case by the defendant 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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