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(영문) 울산지방법원 2019.01.25 2018노872
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. In light of the judgment, the crime of fraud against the victim F was committed with the illegal motive of employment arrangement, and thus, it appears that the above victim is also responsible for the occurrence of the crime and the expansion of damage. The defendant does not have any criminal record of the same kind or suspended execution of execution of execution of execution of execution of execution of sentence, and the defendant is in profoundly against the mistake while committing the crime, and the victim K and K have reached an agreement with the victim F, and the mother of the defendant jointly and severally guaranteed the payment of the damage amount.

On the other hand, the principal crime is a typical employment fraud, which is very poor in the nature and circumstances of the crime in light of the content and the size of the fraud, damage recovery, the victim F and his family still want to be punished against the defendant, and the crime of fraud against the victim K is not easy in light of the details and contents of the crime. In addition, in full view of all the sentencing conditions of the defendant's economic situation, such as the defendant's age, character and behavior, environment, circumstances after the crime, and whether there was a change in the circumstances after the sentence of the judgment of the court below, the sentence of the court below seems to be unfair and 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 since the defendant's appeal is without merit. It is so decided as per Disposition.

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