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(영문) 울산지방법원 2019.01.25 2018노1097
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following facts are the first offender, the Defendant was the first offender, and the victims reflect in depth the mistake while committing the crime, and some victims do not want the punishment against the Defendant, and the fact that the Defendant’s will have a relatively obvious social relationship, such as the Defendant’s wife and the Defendant’s wife want, is relatively obvious.

On the other hand, each of the crimes of this case is that the defendant borrowed money from the victims who were aware of his trust or obtained time money through the use of the victim's trust relationship, and the nature and circumstances of the crime and the crime are not easy in light of the method and frequency of the crime, the scale of damage, etc., the damage recovery is insufficient, and some victims want to be punished by the defendant, etc., which are disadvantageous to the defendant. In addition, comprehensively taking account of the financial circumstances of the defendant, age, character and behavior, environment, circumstances after the crime, and whether there was a change in circumstances after the sentence of the court below, the court below's punishment seems to be unfair and unreasonable.

Therefore, 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 since the defendant's appeal is without merit. It is so decided as per Disposition.

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