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(영문) 울산지방법원 2017.11.17 2017노1215
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against the Defendants (Defendant A: one year of imprisonment, and four months of imprisonment) is too unreasonable.

B. The lower court’s sentence against Defendant B of the Prosecutor is too unhued and unreasonable.

2. The following facts are favorable to the Defendants: (a) the Defendants’ assertion of the judgment and the Prosecutor together were examined; (b) the Defendants reflected in depth the mistake while committing the crime; (c) the Defendants paid part of the amount of damage to the investigative agency; and (d) Defendant B made their own efforts to recover damage, such as the victim and the Prosecutor’s agreement smoothly with the victim during the trial; and (c) the fact that the judgment should take into account equity with the case of the judgment at the same time with the final judgment of the lower court (in case of sentence: 10 months of imprisonment

On the other hand, each of the crimes of this case committed by the defendants by misrepresenting the chairman, etc. of the large enterprise labor union and by deceiving money from the victims for the purpose of employment assistance expenses, etc. In light of the period of crime, size of crime, method of crime, criminal proceeds, etc., Defendant A led each of the crimes of this case. Defendant B participated and took part in the crime of this case as if he was the chairman of the labor union. Defendant A was punished several times due to frauds. Defendant A committed each of the crimes of this case even though he was under suspended sentence for two years of imprisonment with prison labor around July 2014 and was under suspended sentence for two years of suspended sentence, there is an unfavorable circumstance against the defendants, such as punishment, equality in punishment with the accomplice, the health condition, economic condition, age, sex, environment, circumstances after the crime, and whether there was any change in the circumstances after the sentence of the court below, it appears that the court below's recommendations and the scope of punishment according to the sentencing guidelines of this case are reasonable and reasonable.

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