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(영문) 울산지방법원 2016.01.08 2015노1156
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a 3 years and 6 months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized each of the instant crimes; (b) the Defendant did not have any record of crimes exceeding the punishment or fine for the same kind of crime; and (c) the Defendant paid approximately KRW 1570,040 to the victim D funds under the name of this funds, etc.

However, each of the crimes of this case was committed by deceiving the victim D to the effect that the defendant would borrow a small and medium enterprise that can recover a loan and receive interest, and that deceiving the victim D shall obtain 1.038 million won through 61 times from the victim, and by deceiving the victim G with the name of 50 million won under the name of foreign exchange futures investment fund by deceiving the victim G, and the crime was very serious in light of the circumstances of the crime, the method of the crime, the amount of damage, etc., and the defendant used the money by systematically acquiring it through means of his own business fund, interest expenses, foreign exchange futures trading, etc. as above, and the defendant did not reach an agreement with the defendant and the victims up to the trial, and the damage was not recovered.

In full view of the above-mentioned favorable circumstances and other circumstances, such as the defendant's age, sex, environment, family relationship, motive and background of the crime, and circumstances that are the conditions for sentencing as shown in the trial process, even if considering all the circumstances favorable to the defendant, it cannot be deemed unfair because the court below's punishment is too unreasonable, and thus, 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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