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(영문) 울산지방법원 2016.02.19 2016노2

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below is a favorable condition for the defendant, such as the fact that the defendant recognized his own crime and expressed against the victim B, the repayment of KRW 11 million to the victim B, and the first offender who has no criminal records. However, the crime of this case is committed by the defendant by taking advantage of the victim's trust, which is a workplace club, and the nature of the crime is not good, and the crime of this case is committed by the defendant, which is a large amount of 169 million won in total, and the victim's damage to the victim was not recovered to the trial, and the victims want not be punished against the defendant, and it is not good that the defendant escaped immediately after the crime was committed, such as the defendant's age, sex, family environment, home environment, motive and background of the crime, the means and consequence of the crime, and the result of the application of the sentencing guidelines of the Supreme Court and the sentencing guidelines of the committee before and after the crime.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the grounds that “the name of borrowed money on the same day” among the criminal facts of the judgment of the court below is “the name of borrowed money on May 16, 2013,” and “ex officio correction is made in accordance with Article 25(1)