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(영문) 울산지방법원 2016.06.17 2015노1615

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized his own crime and reflects it, that he deposited a total of KRW 16 million in the original court for the victim, and that he was the first offender who has no criminal history, etc. are favorable to the defendant.

However, in full view of the following: (a) the crime of this case was committed by deceiving the victim to the effect that the defendant guarantees a high-amount amount of profit, and the nature of the crime was extremely bad; (b) the victim’s damage was not recovered from the victim over 10 times; and (c) the victim’s damage was not recovered from the fact that it was not agreed with the victim; and (d) the defendant’s age, sex, family environment, motive and background of the crime; (b) the means and consequence of the crime; and (c) the application of the sentencing guidelines of the Supreme Court and the sentencing guidelines of the sentencing committee, such as the circumstances before and after the crime, etc., it is not recognized that the punishment imposed by the court below is unfair because it was too excessive.

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.