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(영문) 울산지방법원 2016.07.21 2016노698
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized all of the crimes of this case and reflects it, and that there is no other criminal record, in addition to punishment once by a fine, is favorable to the defendant.

However, the crime of this case is planned by means of false preparation, etc. of a real estate lease contract under the name of another person in order to obtain money from the injured party, and the nature of the crime is not good. The crime of this case is a large amount of 62 million won due to the crime of this case, the defrauded amount was not agreed with the injured party, the damage was not recovered at all, and other circumstances, including the defendant's age, family relationship, motive and circumstance of the crime, circumstances after the crime, etc., and the sentencing conditions as shown in the trial process, are taken into account. Thus, the defendant's assertion is without merit.

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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