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(영문) 울산지방법원 2018.01.09 2017노1172
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. In light of the fact that the Defendant committed a crime, the Defendant made an effort to recover damage, such as paying approximately KRW 20 million out of the defrauded money, etc., taking into account the equity with a case where a judgment in the latter part of Article 37 of the Criminal Act (a punishment: 2 years of imprisonment) is rendered concurrently with a case where a judgment has become final and conclusive, and the fact that the branch and family members are relatively clear, such as the fact that the Defendant committed a crime and committed a mistake, and that social ties are relatively obvious, such as the fact that the branch and family members want to have the Defendant’s wife, etc.

On the other hand, the crime of this case is committed by deceiving about KRW 400 million by abusing a chain of relationship by the defendant, and there is an unfavorable circumstance against the defendant, such as the nature of the crime and the criminal fact that the crime is not less severe, the damage recovery is insufficient, and the injured person wants to punish the defendant's severe punishment. In full view of all the sentencing conditions of the defendant in the argument of this case, such as the economic situation, age, sexual conduct, environment, circumstances after the crime, whether there is a change in circumstances after the sentence of the court below is made or not, the sentence of the court below is deemed to be within a reasonable and appropriate scope, and it cannot be deemed unfair.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit, and it is so decided as per Disposition (Provided, That in the part concerning all criminal records of the judgment below, “the same day” is obvious that it is a clerical error in “the 17th day of the same month.” Thus, it is corrected that the Defendant’s appeal is dismissed ex officio as the latter ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure.

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