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(영문) 울산지방법원 2018.07.20 2018노352

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of six months and the suspension of execution of one year) is too unreasonable.

2. In full view of the following factors: (a) the Defendant appears to have an attitude against his mistake; and (b) the lower court fully repaid the remaining amount of damage to the victim and agreed to reach a full agreement, etc., the sentencing factors that can be considered by the Defendant; (c) the amount obtained by the Defendant’s defraudation by the victim is about KRW 35 million; (d) the Defendant has been punished for the same kind of crime; and (e) the Defendant’s age, sex, criminal conduct, family environment, motive and background of the crime; (e) the means and consequence of the crime; and (e) the application of the sentencing guidelines of the Supreme Court sentencing committee, such as the circumstances before and after the crime, it is not recognized that the sentence imposed by the lower court

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.