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(영문) 울산지방법원 2015.12.04 2015노1022
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 unhued and unreasonable, on the grounds that the Defendant is too 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 recognized all the crimes of this case, the fact that the victim D received KRW 10,502,115 through a compulsory auction procedure, that the victim D received KRW 2 million to the victim G, that there is no record of the same criminal conduct or the execution of execution, or that there is no record of the same criminal conduct or the execution of execution, or that the defendant obtained money by deceiving the victims who are the offender, and that the defendant did not make a serious effort for repayment even though the money acquired from the victim D reaches KRW 100,000,000, but did not make a genuine effort for repayment, the crime is not good.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and various factors of sentencing indicated in the record, such as circumstances after the crime, etc., the sentence of the lower court is too heavy or unreasonable. Therefore, the above assertion by the Defendant and the prosecutor is 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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