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(영문) 울산지방법원 2019.05.31 2018노1080
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below against the defendant in the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant recognized the crime and reflecteds the mistake in depth, only the fact that the defendant was punished twice by a fine, and the fact that the defendant has no record of the same kind of crime, etc.

However, in order to raise the money to be used for gambling funds, the defendant committed the crime of this case repeatedly against the person who trusted the defendant, and the nature of the crime is not good, and the damage was not fully recovered, and there are circumstances unfavorable to the defendant, such as the defendant's age, character and behavior, environment, circumstances after the crime, and whether there was a change in circumstances after the sentence of the court below, etc., the court below's punishment cannot be deemed to be excessively unreasonable.

Therefore, 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 ground that it is without merit. It is so decided as per Disposition.

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