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(영문) 울산지방법원 2015.04.24 2014노1189
사기
Text

The judgment below

The remainder, excluding a compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the lower court’s punishment is too unhued and unreasonable, on the grounds that the Defendant is too unreasonable (eight months of imprisonment).

2. The crime of this case is committed by deceiving a victim in spite of the absence of the intent or ability to help the victim find a job, and the defendant acquired the money by deceiving the money by taking advantage of the parent's imminent mind about the future of the child, thereby causing property and mental damage to the victim. The crime of this case is committed in a manner unfavorable to the defendant, such as the fact that the nature of the crime is not very good, that the amount of fraud is not more than KRW 60 million, and that the defendant has been punished by a fine of eight times due to the crime of this case, such as the violation of the Labor Standards Act, etc.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case, and reflects their depth, the defendant partially recovered from damage by paying to the victim the sum of KRW 30 million at the court below, KRW 10 million at the court below, and KRW 40 million at the court below, and the victim did not want to be punished by the defendant, the victim did not want to have been punished by the same kind of crime, the defendant did not have any record of punishment due to the same kind of crime, and the fact that the defendant seems to have good health status, and other factors favorable to the defendant, such as the defendant's age, family relation, family relation, criminal record, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., and the result of applying the sentencing guidelines of the Supreme Court Sentencing Commission Sentencing Committee,

Therefore, the defendant's argument is reasonable and the prosecutor's argument is without merit.

3. Since the appeal of this case is reasonable, the part of the judgment below excluding the compensation order among the judgment below is reversed, and the appeal of this case is again reversed after pleading pursuant to Article 364(6) of the Criminal Procedure Act.

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