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(영문) 울산지방법원 2020.10.30 2020노526

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (ten months of imprisonment and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the defendant in a judgment on the grounds for appeal is not re-offending while reflecting his/her mistake is committed, that the defendant returns a part of the defrauded's money to the extent that part of the damage has been restored within the extent, and that the balance with the case where the judgment has already become final and conclusive shall be considered as favorable to the defendant.

On the other hand, the defendant abused the victims' desire to be employed and committed a crime of job placement fraud continuously and repeatedly against many victims. The fact that the crime method, attitude, and result are not good, and most of the damages caused by the crime of this case are serious and not yet recovered, and the fact that the victims want to be punished by the defendant is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the commission of the crime, and all of the factors of sentencing as indicated in the instant case’s records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment is too heavy or uneasible.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

(However, the part of the judgment of the court below in the 3 through 4 of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 3rd part of the 2nd part of the 2nd part of the 2nd part of the 2nd part of the 2020th judgment, which "two years of imprisonment with prison labor for a crime of fraud" is a clerical error of "six months of imprisonment with prison labor for a crime of fraud from the Ulsan District Court on December 18, 2019, and one year and six months from the same court on February 7, 202