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(영문) 울산지방법원 2015.12.11 2015노735
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the lower court’s punishment is too unfluent and unreasonable, on the grounds that the Defendant was too unfluent and unreasonable.

2. The appeal filed by the Defendant and the Prosecutor is also examined.

In light of the favorable circumstances, such as the fact that the defendant both recognized the crime of this case, but the defendant is against the law, etc., the crime is not good in light of the following: (a) the defendant, by deceiving the victim who is the offender under various names, acquired the total sum of 434,310,000 won repeatedly over a long-term period; (b) has used the money received as living expenses, etc.; (c) has failed to repay the damage; (d) has already been suspended one time of the suspension of the execution of imprisonment with labor due to the same crime;

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, the means and consequence of the crime, etc., as well as various factors of sentencing indicated in the record, the sentence of the lower court is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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