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(영문) 울산지방법원 2017.01.06 2016노1782
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the judgment defendant recognized all of his/her crime and reflects it is favorable to the defendant.

However, the court below seems to have determined the punishment considering the above favorable circumstances. The crime of this case was committed by deceiving seven victims during a period of about one year and four months, deceiving them about a total of 342 million won from them, and altered one passbook under the name of the president of the enterprise which is a private document, and used them as a means of avoiding the victims' demand for repayment or deceiving them. On the other hand, the court below did not pay 2.6 million won to workers working at the defendant's workplace without an extension of payment period, which is very poor in light of the method of crime, damage amount, etc., and it was committed six times (4 times prior to the occurrence of this case, four times of punishment, two times of fines) due to the charge of forging the crime of this case. In particular, the defendant committed the crime of this case without any repeated crime due to the same kind of crime, and the victim's efforts to recover damage, and it did not reach the victim's motive and circumstances before and after the occurrence of the crime of this case, and it did not reach the defendant's age of the crime of this case.

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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