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(영문) 울산지방법원 2017.10.26 2017노1131
사기
Text

1. Of the lower judgment, the part of the lower judgment regarding “2017 Height 933” and “2017 Height 1 of 1811,” shall be reversed.

Defendant shall be punished by imprisonment.

Reasons

1. The summary of the grounds for appeal that the lower court rendered to the Defendant (the part concerning the first offense of the second sentence of 2017, the second sentence of 933 and the second sentence of 1811: Imprisonment with prison labor for six months and the second sentence of 2017, the second sentence of the second sentence of 2017: imprisonment with prison labor for two months) is too unreasonable.

2. Judgment on the grounds for appeal

A. On the part of the crime No. 1 of the 2017 High Order 2017 High Order 933 and 2017 High Order 1811 of the lower judgment: The Defendant committed each of the crimes under this part for lack of business funds, without being aware of the circumstances where criminal procedures are being conducted, such as being prosecuted after being investigated and prosecuted for criminal facts committed before the lower judgment.

The total amount of damage is 48 million won.

The favorable circumstances shows the attitude of the defendant to recognize and reflect each of these crimes.

In the lower judgment, the Defendant: (a) prepared a fair deed with the content of paying a sum of KRW 30 million by fraud to victims E; and (b) expressed the intent that the said victim would not want the punishment for the Defendant by agreement with the victim E; (c) subsequently, the Defendant made a second agreement to pay the victim E with the actual payment of KRW 10 million to the victim E; and (d) concluded the recovery of civil and criminal damage. Each of these crimes in this part must take into account the equity in the relationship between the previous conviction of the lower judgment and the subsequent concurrent crimes after Article 37 of the Criminal Act.

The sentencing criteria shall not apply to each of the crimes of this case, including the above unfavorable circumstances, the Defendant’s age, character and conduct environment, relationship to victims, motive means of crime, and circumstances after the crime, etc., which are set forth in the arguments and records of this case, including the circumstances of the crime.

In full view of the above, it is recognized that this part of the sentence imposed by the court below is too large and unfair.

B. The circumstances favorable to the second part of the 2017 High Order 1811 of the judgment of the court below: the defendant is in this part.

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