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(영문) 울산지방법원 2018.11.08 2018노634
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized the instant crime as to the grounds for appeal, the victim appears to have partially recovered from damage by disposing of the goods of the Defendant, and the fact that it is necessary to take into account the case and equity in the concurrent relationship between the crime of fraud and the subsequent Article 37 of the Criminal Act in the judgment of the lower court that became final and conclusive,

The defendant has been punished six times for the same fraud (five times of punishment, five times of imprisonment, and one time of punishment), despite the above punishment records, and the crime of this case has been committed in spite of the above punishment records, and there is little possibility of criticism in light of the means of deception, the frequency of crime, and the amount of damage, and the defendant has not made any effort to repay damage any more on the ground that the victim has left his/her own property without permission, and the victim has not been agreed with the victim, and the defendant has not been absent on the date of the first trial without any justifiable reason after he/she appeared at the trial of the court below, and has taken an attitude that the trial procedures are somewhat unfavorable to the defendant, such as delaying the trial due to the lack of contact for one year.

Considering the above favorable circumstances, including the defendant's age, sexual conduct, environment, family relationship, motive, means, consequence, etc. of the crime, and all the sentencing conditions indicated in the present arguments and records, it is not recognized that the sentence imposed by the court below is too unfair because it is too unreasonable.

3. 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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