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(영문) 울산지방법원 2016.06.17 2016노243

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six years of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized all of his/her crime and reflects it is favorable to the defendant.

However, the crime of this case is committed by the defendant without being convicted of six times of the same crime (three times of punishment, two times of fines, one suspended execution), and it is deemed that the defendant committed the crime of this case again without being convicted of the defendant's age, sex, family environment, motive and background of the crime, means and consequence of the crime, and the application of sentencing guidelines and the result of the sentencing of the Supreme Court's committee in light of various sentencing conditions as shown in the arguments of this case, such as the crime of this case, which are considered to have been acquired through a large amount of money from many victims, and which are planned by the victims in imminent circumstances, and the nature of the crime of this case and the amount of damage, etc., are very heavy. Nevertheless, the victims have not been recovered most of the victims up to the trial. The crime of this case committed again in this case without being convicted of the defendant's age, sex, family environment, means and consequence of the crime, before and after the crime of this case.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.