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(영문) 울산지방법원 2013.12.20 2013노870
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the overall circumstances of this case, the sentence imposed by the court below (one year of imprisonment) is too unreasonable.

2. The judgment was given that the defendant agreed with the victim that the victim did not want the punishment of the defendant, and that the defendant reflects his/her wrongness through his/her prison life. However, the amount of defraudation of this case reaches KRW 17,1740,00,00, and the defendant was punished several times as a fraud (three times, a suspended sentence, and two times). In addition, the defendant was sentenced on October 16, 2009 by imprisonment with prison labor for ten months as of October 16, 2009 and again committed the crime of this case during the suspended sentence of eight months for fraud on February 18, 201, and again committed the crime of this case during the suspended sentence period of eight months, and all other sentencing conditions, such as the defendant's age, character and conduct, environment, and circumstances after the crime, etc., 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.

(However, the "application of the law" of the judgment below is clearly stated in the three pages 6 and 7, and "Article 57 of the Criminal Act" of the three pages 6 and 7.

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