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(영문) 울산지방법원 2018.03.30 2018노76

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. We examine the judgment of the court below. The victim wanted to agree with the defendant at the court below to the trial, and the defendant's wife up to the trial of the party, and delivered the money to the illegal motive of employment mediation of the child, which seems to have considerable responsibility for the occurrence of crime and the expansion of damage, and the defendant seems to have committed a crime in favor of the defendant.

However, the crime of this case was committed by abusing the imminent situation of the parents who wish to find a self-employed job, and thus, the nature of the crime is not very good in light of the details and contents of the crime, the damage amount is relatively large and has not been recovered to the present time, and the defendant committed the crime of this case without any reflection of the past record of the suspension of execution of imprisonment in 2005 and the crime of this case in 2007 by the employment fraud method similar to this case. Other circumstances asserted by the defendant are that the court below is already reflected in the sentencing, and there is no special change of circumstances that can be considered in the first instance trial, and there is no family relation, economic situation, age, sexual behavior, environment, circumstances, circumstances, and circumstances after the crime, etc., and the scope of recommendations based on the sentencing guidelines and the scope of recommendations based on the sentencing guidelines as stated in the argument of this case, and it cannot be deemed that the court below is unfair and undue within a reasonable and reasonable scope.

Therefore, the defendant's assertion is without merit.

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 ordered as per Disposition.