beta
(영문) 울산지방법원 2019.09.20 2019노598

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s punishment (one year and two months of imprisonment) against the accused against the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant recognized that he/she committed a crime and reflects the wrongness of the Defendant; (b) there is no criminal power for the same kind of crime; and (c) it appears that his/her health condition is not good as he/she performed

However, the crime of this case is planned and actively committed a crime against a person who trusted the defendant, and the nature of the crime is not good, and the total amount of fraud is considerable to KRW 159 million, but there is no agreement with the victims or no recovery from damage until now, and the victims want to be punished against the defendant. In addition, in full view of all the sentencing conditions of the argument of this case, including the defendant's age, character and behavior, environment, circumstances after the crime, and whether there is a change in the situation after the sentence of the court below, the court below's punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.