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(영문) 울산지방법원 2016.09.02 2016노1010
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The judgment is based on the following facts: (a) the Defendant recognized all of the crimes of this case; (b) the Defendant has committed the same crime; (c) the Defendant has no record of having been punished or having no record of being sentenced to suspension of qualification or heavier punishment; (d) the sum of the amount obtained by the Defendant is considerable to KRW 40 million in favor of the Defendant; (c) the victim D did not recover damage except that he has been refunded KRW 1.5 million out of the amount of damage from his accomplice C; (d) the Defendant refused and continued to flee due to the crime of fraud committed earlier, despite being asked by the investigative agency, and continued to commit the crime of fraud; (d) there is no other circumstances or change of circumstances that may be newly considered in sentencing after the judgment of the court below was rendered; and (e) the Defendant’s age, character and behavior, environment, motive and background of the crime, the means and consequence of the crime; and (e) circumstances after the crime, etc., the above Defendant’s assertion is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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