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(영문) 울산지방법원 2018.02.21 2017노1427

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. Circumstances favorable to judgment on the grounds of appeal: The defendant shows his attitude to recognize and reflect the crime of this case.

At the investigation stage, the defendant paid 2.5 million won to the victim.

The degree of intentional fraud is not easy to say that it is disadvantageous.

There are a lot of damages as total 24.5 million won.

The defendant has been punished once by a fine for the same crime.

In light of the aforementioned favorable circumstances, the Defendant’s age, character and conduct environment including unfavorable circumstances, relationship to victims, motive means of crime, results of crime, circumstances after crime, etc., various sentencing conditions and the scope of recommended punishment according to the sentencing guidelines (the scope of recommended punishment from six months to one year and six months [the scope of recommended punishment] as a whole, and the basic area (from six months to one year and six months] (no special sentencing factor) of the Defendant’s punishment is deemed unfair because the Defendant’s punishment imposed by the lower court is too large.

3. 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.