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(영문) 울산지방법원 2018.11.09 2018노838
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The judgment of the court below shows the attitude that the defendant recognized the crime of this case when he was in the first instance, that part of the defendant's negligence was involved in the occurrence of the crime of this case, that the defendant was the first offender, that he deposited KRW 14.9 million in the court below for the victim, and that he deposited KRW 5 million in the court below for the victim, etc. However, the crime of this case was committed by deceiving the victim and deceiving the victim a total of KRW 74,641,740, which is reasonable, and the damage recovery was not considerably caused to the wind that most of the acquired amount was useful for the investment of stocks, etc., and that it was not agreed with the victim until the trial of this case.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’s punishment is too unreasonable. 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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