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(영문) 울산지방법원 2015.03.13 2014노908

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (eight months of imprisonment) is too unreasonable.

2. In the first instance of the judgment, there are favorable circumstances, such as the fact that the defendant recognized all the crimes of this case, and there is a need to determine the punishment for the crime of this case in consideration of equity in the case of judgment at the same time with the finalized fraud. However, considering the fact that the defendant has already been subject to criminal punishment several times including the punishment for fraud, the amount of fraud is substantial, and the defendant deposited 10 million won in the first instance court, but even considering the fact that the amount of fraud has not been recovered from damage corresponding to the part out of the amount of the amount of fraud, but the victim has not been able to bring the severe punishment of the defendant, and other various sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, living environment, motive, means and consequence, and the result of the application of the sentencing guidelines of the Sentencing by the Sentencing Committee, it is not recognized that the sentence of the court below is unfair

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