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(영문) 울산지방법원 2014.04.25 2014노240
사기
Text

Defendant

All appeals by prosecutors 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 of the defendant purchased a vehicle through installment loans several times for the purpose of financing money, and immediately sells it to a third party, etc. The nature of the crime of this case is not good. The vehicle purchased by the defendant is distributed along the so-called large vehicle and is likely to be illegally used. The amount of damage reaches KRW 16.6 million, and the defendant did not agree with the victim up to the trial. The damage is not recovered most. Meanwhile, the defendant recognized the crime of this case, and the defendant is against the defendant's mistake in depth. Meanwhile, the defendant has no previous conviction and criminal record beyond the fine. The defendant paid KRW 1,321,243 and KRW 1,83,158 for the first time vehicle, and the defendant was paid KRW 6.5 million for the victim Hyundai Capital Co., Ltd. in the trial, and the defendant deposited KRW 1,350,000 for the victim F Co., Ltd., and the defendant's age, character, and behavior, and the motive and circumstances of the crime of this case are considered too unfair or unfair sentencing.

3. In conclusion, the appeal filed 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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