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(영문) 울산지방법원 2016.12.08 2016노1434
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (one year and three months of imprisonment) of the lower court is too minor or unreasonable;

2. The crime of this case is a systematic and planned method of acquiring a loan of the fund, etc. and the quality of the crime is not very good. The amount obtained by the crime of this case is 13,400 million won, and the damage recovery is almost not achieved, and even though the defendant had the record of criminal punishment, including imprisonment, due to the same kind of crime, even though he had already been sentenced to criminal punishment, the crime of this case is disadvantageous to the defendant.

However, in full view of the facts that the defendant recognized all of the crimes of this case, the amount acquired through the auction of real estate is likely to be repaid, the defendant is sentenced to one year and three months of imprisonment, two months of imprisonment, and two years of imprisonment, and the judgment becomes final and conclusive. The crimes of this case must consider equity with the case where the above judgment was rendered simultaneously with each crime of this case which became final and conclusive. In full view of all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime, etc., and all other circumstances that are the conditions for the sentencing of this case, which are the conditions for the sentencing of this case as shown in the trial and records and the trial process, the sentence of the court below is too heavy or unreasonable. Thus, the above arguments

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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