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(영문) 울산지방법원 2019.02.21 2018노1279
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 months of imprisonment) is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects his mistake, that the defendant was leading to his living environment, and that he did not seem to have committed the crime of defraudation in a systematic manner, and that he did not seem to have committed the crime of defraudation.

However, in light of all other circumstances, such as the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, means and consequence, etc., the sentence imposed by the lower court is too unreasonable, as it is too unreasonable, considering the following circumstances: (a) the crime of this case was committed by deceiving the victim of KRW 16 million, in spite of the intent or ability to repay the borrowed money; (b) no damage was recovered; and (c) the victim did not agree with the victim; and (d) the victim did not agree with the victim.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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