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(영문) 울산지방법원 2018.03.23 2018노19

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is a favorable condition for the defendant, such as the fact that the defendant is deeply against his own crime, that is the first offender who has no record of crime, that is part of the fraud amount or the payment by the victim, that is, the fact that the situation of health is not good due to the merger of urology, etc. However, considering the following factors: (a) the contents and methods of the deception in this case are active; (b) most of the money acquired is used for speculative or gambling in the illegal game site; (c) the considerable part of the damage is not recovered; (d) the defendant's age, sexual behavior, family environment; (e) the motive and background of the crime; (e) the motive and consequence of the crime; and (e) the application of the sentencing guidelines of the Supreme Court sentencing committee, the punishment imposed by the court below 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.