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(영문) 울산지방법원 2015.11.27 2015노1063

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

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

2. In the crime of this case, even if the defendant was to be supplied with goods on credit from the Ulsan Agricultural Cooperative, even though there is no intention or ability to pay the goods on credit, the defendant was issued a guarantee from the Seoul Guarantee Insurance Co., Ltd. to be supplied with the goods on credit despite the absence of an intent or ability to pay the goods on credit. As such, the crime of this case was committed by deceiving the victim as if he had sufficient means to pay the goods on credit, thereby allowing the victim to stand joint and several liability for the defendant's indemnity against the Seoul Guarantee Insurance Co., Ltd. In light of the method and manner of deception, the crime is not good, and the crime is not good, and the victim, due to the defendant's deception, bears the joint and several liability equivalent to 38,163,054 won

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant all of the crime of this case is recognized and is in depth and reflects on the defendant's depth, the defendant, who was in a state of economic difficulty because it does not normally receive money from the customer at the time of this case, was caused to the crime of this case in order to be supplied with the goods to be sold, and its motive appears to have been taken into account. The defendant's motive is somewhat inappropriate, considering the following factors: the defendant's age, family relation, criminal record relation, character and conduct, environment, means and method of the crime, motive and method of the crime, circumstances after the crime, etc., and the result of the application of sentencing guidelines of the Sentencing Commission by the Sentencing Committee, it is recognized that the sentence of the court below is somewhat unreasonable.

3. Conclusion