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(영문) 울산지방법원 2018.10.26 2018노897
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant appears to be partly responsible for the occurrence of a crime and the expansion of damage, as the instant money was delivered with the illegal motive called the name of job placement service for children, and the Defendant is in profoundly against the Defendant’s mistake while committing a crime.

On the other hand, the crime of this case is a typical employment fraud, and the crime of this case is a very poor crime and criminal intent in light of its details, the crime of this case was committed, and the damage was not recovered until the judgment of the court, and the victim still wanted to punish the defendant, and the defendant has a disadvantageous condition to the defendant, such as the fact that there are several occasions of punishment for the same kind of crime in addition to the punishment imposed by fraud under the same law, and the defendant has other conditions of punishment as shown in the argument of this case, such as the defendant's economic situation, age, sex, environment, circumstances after the crime, change of circumstances after the sentence of the judgment of the court below, even if considering the health condition claimed by the defendant, the punishment of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair because it is excessively 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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