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(영문) 울산지방법원 2016.02.19 2015노1328
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four years of imprisonment) is too unreasonable.

2. The judgment that the defendant recognized all of his own crimes and reflects them, and that there is no record of criminal records and punishment for the same kind of crime, etc. are favorable to the defendant.

However, the crime of this case was committed by acquiring a large amount of 650 million won from 19 members to 650 million won under the pretext of job placement by taking advantage of the poor circumstances of the victims who mainly have difficulties in employment. In light of the method of crime and the scale of damage, etc., most of the damage were not recovered by paying 39 million won to the victims up to the trial. The majority of victims want to punish the defendant, and other factors such as the defendant's age, sex, sex, family environment, motive and circumstance of the crime, means and consequence of the crime, and the result of the application of sentencing guidelines of the Supreme Court sentencing committee, etc., it is not recognized that the punishment of the court below is unfair because it is too excessive.

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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