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(영문) 울산지방법원 2018.02.09 2017노1566
사기등
Text

The judgment below

The part concerning each crime of the 2016 order 2475 order and 2016 order 3438 order order is reversed.

Reasons

1. On the summary of the grounds for appeal, the sentence of the court below against the defendant (each of the crimes in the second sentence 2602 cases as decided by the court below: Imprisonment with prison labor for four months, suspension of execution for two years, crimes in the second sentence 2016 higher group 2475 as decided by the court below, and crimes in the second sentence 2016 higher group 3438 in the second sentence: Imprisonment with prison labor for one and half years, and crimes in the second sentence 1 to 7 in the second sentence 3438: imprisonment for one year and six months, and each crime in the second sentence 8 and 9 in the second sentence: imprisonment for two months) is too unreasonable

2. Determination

A. We examine the part of the 2016 highest order 2602 case in the holding of the court below, and the victim does not want the punishment of the defendant under the agreement with the defendant. The defendant recognized all of his errors and took an attitude against the defendant. The fact that the defendant must consider the equality in the case where the judgment should be rendered simultaneously with the previous conviction of the court below on April 29, 201 as stated in the facts constituting the crime in the judgment of the court below is favorable to the defendant.

However, the crime of this case is committed in another place by lending money for the purchase of oil, etc. even though the defendant company knew that it was unable to repay money due to serious business difficulties at the time of the suspension of execution, and in light of the details of the crime and the degree of the criminal intent to obtain money, etc., the crime of this case is committed in a manner unfavorable to the defendant, such as the fact that there was a criminal record of the same kind before the suspension of execution, and the defendant had already been committed one time prior to the suspension of execution, and all other sentencing conditions specified in the argument of this case, such as the defendant's age, sex, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the issuance of the judgment of the court below, shall not be deemed to be unfair.

Therefore, this part of the defendant's argument is without merit.

B. The 2016 Highest 2016 Highest 2016 Highest 3438 Highest 2016 Highest 2016 Highest 2016 Highest 2475 Highest 2016 Highest 2016 Highest 2016 Highest 201 Highest 201

The money shall be money for investment purposes by actively deceiving it.

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