beta
(영문) 울산지방법원 2019.01.17 2018노1148

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year of imprisonment) is too unhued and unfair.

2. Each of the instant crimes committed by the Defendant with the judgment on the grounds of appeal is a normal situation that, even though the victims did not have the intent or ability to send money from the victims online, deceptions the victims to receive money, and the quality of such crime is not good, and the number of victims is considerably 36. In particular, the Defendant was sentenced to imprisonment with prison labor at the Ulsan District Court on November 25, 2016 and was sentenced to one year and six months for fraud at the Ulsan District Court. On February 26, 2018, the Defendant started to commit each of the instant crimes only one month in which he was released from prison even during the repeated period after the execution of the sentence was completed, and the Defendant had a number of the same records as the Defendant, and continuously prevented the Defendant from committing the instant crime without complying with the investigation procedure even if he was consulted by the investigative agency.

However, in full view of all other circumstances such as the Defendant’s age, character and conduct, environment, motive and background leading to the instant crime, the means and consequence thereof, and the circumstances after the instant crime, the sentence imposed by the lower court is too uneasible and unreasonable. In so doing, it cannot be deemed that the sentence imposed by the lower court is too uneasible.

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