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(영문) 울산지방법원 2018.07.05 2018노475
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. As to the reasons for appeal, the Defendant’s confession of the instant crime and reflects his mistake is favorable to the Defendant.

However, the crime of this case, although there is no intent or ability to repay the borrowed money, by deceiving the victim with a large amount of money exceeding KRW 29 million, is not good to the nature of the crime, the damage of the victim was not completely recovered, the damage was not agreed with the victim, and the defendant was present at the investigative agency to investigate.

In light of all other circumstances that led to the instant crime, such as the Defendant’s age, sexual conduct, environment, motive and background leading up to the instant crime, means and consequence thereof, and the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unreasonable.

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. It is so decided as per Disposition.

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