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(영문) 울산지방법원 2017.03.17 2017노26
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the Defendant include the following: (a) the conclusion of the judgment was examined; (b) the Defendant recognized all of his mistake and reflected; (c) the victims and the victims agreed on the recovery of damage; and (d) the victims were not punished by the Defendant.

On the other hand, however, the defendant suggested a false intermediate payment receipt to the victim E, which is very poor in the method of deception, which is caused by gambling, etc. from Madao to gambling, and that the victim H will provide the right to return the deposit as security by presenting the commercial lease contract to the victim H.

In full view of the following: (a) the accused was deceiving by active means, and the victims did not recover from damage; (b) the Defendant had been sentenced to imprisonment for one year and two months for fraud even before the instant case; and (c) the Defendant again committed the instant crime despite having been sentenced to imprisonment for a crime of violating the Game Industry Promotion Act by being sentenced to imprisonment for a period of one year and two months; and (b) the Defendant committed the instant crime again; and (c) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; (d) circumstances after the commission of the crime; and (e) the change in circumstances after the sentence of the lower judgment was rendered, the lower court’s punishment (one year of imprisonment) appears to be within a reasonable and appropriate scope; and (e) there

Therefore, the defendant's above 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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