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(영문) 울산지방법원 2021.02.18 2020노1093
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall pay 450,000 won to the applicant by fraud.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s sentence is too heavy.

B. The Prosecutor’s sentence to the lower court is too minor.

2. There is no change in the sentencing conditions after the judgment of the court below on the grounds of appeal is rendered.

In full view of all the circumstances described in the reasons for sentencing and all other conditions of sentencing as shown in the record, the sentence imposed by the court below against the defendant is determined within the scope of the court’s discretion for sentencing, and is too heavy or light to the extent that it cannot avoid reversal.

shall not be deemed to exist.

3. According to the evidence duly adopted and examined by the court below regarding the application for a compensation order for the above trial, the defendant is obligated to pay the compensation money to the applicant for the above fraud, since the defendant can recognize the fact that he acquired 450,000 won from the applicant for compensation.

4. Conclusion, all appeals filed by the Defendant and the prosecutor are dismissed, and the application for compensation filed in the trial is well-grounded, so the order for compensation by the applicant for compensation shall be issued to the Defendant pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., and provisional execution of the above order for compensation shall be imposed pursuant to Article 31(3) of the same

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