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(영문) 울산지방법원 2017.02.09 2016노2126
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and eight months of imprisonment) is too unreasonable.

2. Regarding the crime of fraud in judgment, the fact that the defendant paid KRW 12 million to recover some damage, the defendant has no record of criminal punishment due to fraud, the fact that the defendant agreed with the victim of a special injury, and that the degree of injury is not relatively much important is favorable to the defendant.

However, the amount of the fraud by the crime of this case is a large amount of KRW 100 million, and most of the damage is not recovered. In particular, the certified copy of the register, which is an official document, which is a public document, is modified to exercise its use by the victim of the crime of this case; the victim of the crime of this case did not agree with the victim; the crime of this case is not appropriate to have inflicted bodily injury on the victim living together using a knife, which is a dangerous object; the defendant has been subject to criminal punishment several times, such as violence-related crimes or forgery of official document; and other circumstances that form the conditions for sentencing as shown in the trial process, such as the defendant's age, sex, sex, environment, family relationship, motive and circumstance after the crime, etc., and the sentencing guidelines for the sentencing committee [the scope of recommending punishment] [the scope of punishment of the defendant shall not be deemed to have been excessively modified for more than 2 years (one-4 years to 500,000 won)] of the general fraud [the basic sentencing range of punishment [the defendant].

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.

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