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(영문) 울산지방법원 2016.10.28 2015노1524
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and is against the law, and that there is no record of punishment or punishment exceeding the fine in the past.

However, if the defendant lends money to the victim, the crime of this case is committed by deceiving the victim that he would have left the profit by resale of the land from the stolen goods within three months, and the crime is not good in light of the Criminal Procedure Act as a matter of fraud by obtaining 20 million won from the victim. The crime of this case is committed with a considerable period of time after the crime, but no agreement has been reached with the victim until now, even though there was no recovery from damage, and there was no circumstances or change of circumstances that may be newly considered in sentencing after the decision of the court below was rendered, and other various sentencing factors in the course of the record and the trial, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, etc., are considered as being too unreasonable, and thus, the defendant's assertion of unfair sentencing is not accepted.

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

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