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(영문) 울산지방법원 2018.03.23 2018노44
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The following facts are considered: (a) the Defendant reflects the wrongness while committing a crime; (b) the Defendant has no record of punishment except for the previous conviction of a single-time fine; and (c) the victim appears to be somewhat responsible for the occurrence of the crime or the expansion of damage; and (d) the circumstances favorable to the Defendant.

On the other hand, the crime of this case is committed in abuse of the relationship between the defendant and the victim for a long time and repeatedly, by deceiving about KRW 200 million in total from the victims, by abusing the improper relationship, and by threatening the victim, and the nature of the crime and the circumstances of the crime are not somewhat weak, and the victims did not make any effort to recover damage, and there are disadvantageous circumstances to the defendant, such as the victim's desire to punish the defendant, and taking into account the economic circumstances, health conditions, age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it does not seem unfair.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Article 25(1) of the Regulation on Criminal Procedure; however, Article 347(1) of the Criminal Procedure Act on the ground that “Article 347(1) of the Criminal Procedure Act” in the column of the pertinent legal provision on the criminal facts of the lower judgment and the prior choice of punishment is deemed to be “Article 347(1) of the Criminal Procedure Act (including each victim).”

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