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(영문) 울산지방법원 2016.02.19 2015노1416

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The Defendant’s recognition of and reflects on his/her criminal act is a sentencing ground that may be considered for the Defendant. However, considering the following factors: (a) the Defendant was sentenced to eight months of imprisonment for the same kind of fraud, etc. on June 8, 2012; (b) the Defendant again committed the instant crime during the repeated period after the execution of the sentence was completed on September 6, 2012; (c) the Defendant acquired a considerable amount of KRW 74 million continuously over nine months by taking advantage of the friendly relationship with the victim; (d) the victim’s damage was not completely recovered until the trial is in question; and (e) other various sentencing conditions, such as the Defendant’s age, sex, family environment, motive and background of the crime, means and consequence of the crime; and (e) the application of the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Sentencing Committee, it is not deemed unfair because the sentence was too unreasonable.

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.