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(영문) 울산지방법원 2016.07.13 2015노1590

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognizes and reflects his criminal act, that the defendant is the first offender who has no criminal record, and that there is a family member to support.

However, the crime of this case is committed by deceiving the victim from the victim under the pretext of street funds by making a false statement to the effect that "the defendant would allow him/her to conclude a contract for construction by delivering it to a construction business operator". In light of the content of the false statement or the name of the money obtained through deception, etc., in light of the contents of deception, the method of deception is inadequate, the damage amount is heavy, and the damage amount has not been recovered to the victim, even though it is not so much, the damage to the victim has not been recovered until the trial. It is not agreed with the victim, and other circumstances unfavorable to the defendant, such as the defendant's age, sex, family environment, motive and background of the crime, the means and consequence of the crime, and the result of the application of sentencing guidelines by the Supreme Court Committee, etc., it is not recognized that the punishment imposed by the court below is too unfair because it is too inappropriate.

3. As such, the defendant's appeal 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.