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(영문) 울산지방법원 2018.11.23 2018노964

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. In full view of the following factors: (a) the Defendant appears to have committed a crime against his mistake; (b) the fraud amount is not relatively large; (c) the Defendant was sentenced to punishment for the same kind of fraud; and (d) the Defendant committed the instant crime at once again during the repeated crime period after the execution of the punishment was completed; (c) the victims’ damages have not been completely recovered; (d) the Defendant’s age, sex, sex, family environment, motive and background of the crime; (d) the motive and background of the crime; and (e) other various sentencing conditions as shown in the argument of the instant case, including the circumstances before and after the crime; and (e) the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the lower court is too unreasonable.

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.