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(영문) 울산지방법원 2018.12.20 2018노877
사기
Text

The defendant's appeal is dismissed.

The judgment below

Criminal facts

Part 1 "27 February 27, 2016" shall be as " February 24, 2016" and attached Form 1.

Reasons

1. The sentence imposed by the court below on the defendant (one year and four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are as follows: (a) the defendant recognized the instant crime; (b) submitted the rebuttals several times; (c) partly repaid the victims; and (d) there was no particular penalty in addition to the one sentenced to a fine on one occasion due to the violation of the Road Traffic Act.

The crime of this case is a normal situation that is disadvantageous to the defendant, such as: (a) the defendant deceivings the victims who are the employees of the workplace with her mother, the female's hospital expenses are required; and (b) defrauds 210,133,130 won through seven times; (c) the amount of fraud is considerably large; (d) first, the victims have made a timely payment of interest on the money borrowed from the victims to promote the trust of the victims; and (e) at the same time, the victims have used trust relationship, such as borrowing and locked money from a large number of employees; and (e) there is a high possibility of criticism as the circumstances after the crime were committed; (b) the victims have borrowed money from a separate loan to the defendant; and (c) the victims have continued to bear a considerable amount of loan for a considerable period of time; (d) the victims have failed to repay most of the damages to the trial; and (e) the victims have failed to reach an excessive agreement.

In addition, when comprehensively considering the defendant's age, sex, environment, family relation, motive, means, consequence, etc. of the crime in this case, all of the sentencing conditions and the scope of recommended punishment according to the sentencing guidelines [no person shall be subject to the basic area (one year to four years) of the defendant's age, sex, family relation, family relation, circumstances after the crime in this case, etc., and the scope of recommended punishment according to the sentencing guidelines (no person who has been subject to special sentencing: 10 million won or more, 50 million won or less)] as a whole, the sentence imposed by the court below is too unreasonable

3. The Defendant’s appeal is without merit and thus, Article 364(4) of the Criminal Procedure Act.

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