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(영문) 울산지방법원 2018.10.18 2018노796
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The circumstances favorable to the defendant are that the defendant who made a judgment on the grounds for appeal of this case led to the trial of the party, and that the defendant is the first offender who has no record of crime, etc.

However, the crime of this case is deemed to have been committed by defrauding a total of 32 million won from the damaged person, even though the defendant had no intent or ability to repay in excess of his/her obligation, and the crime of this case is not good, and even if nine years have passed since the first loan was made, the damage of the injured person was not recovered at all, and there was no agreement with the injured person, and the defendant shall be present at the investigative agency

The fact that a criminal investigation has been avoided for more than seven years is disadvantageous to the defendant.

In addition, taking into account all circumstances such as the Defendant’s age, sex, environment, motive and background leading up to the instant crime, means and consequence thereof, and the circumstances after the instant crime, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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