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(영문) 울산지방법원 2016.01.15 2015노1446

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one-year imprisonment and one-year exemption) imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The following are the circumstances favorable to the Defendant: (a) the Defendant recognized all of the instant crimes; (b) the Defendant has a deep depth against each of the instant crimes; (c) the total amount of damage was not more than KRW 8,90,000; and (d) the commission of fraud against the victim C is in a concurrent criminal relationship with the final judgment and with the latter part of Article 37 of the Criminal Act, and thus, it is necessary to take into account the equity with

However, the court below seems to have already determined a sentence taking into account the above favorable circumstances. The crime of this case was committed by deceiving many persons who desire to purchase goods on the electronic commerce website, etc. used by many unspecified persons, and acquired money by deceiving them. Since such crime disturbs the order of electronic commerce, it requires strict punishment, it is up to 56 persons who have been repeatedly committed for a long time, and even if there is no agreement with the victims, the damage is completely not recovered. Nevertheless, it has been punished eight times due to the act of fraud under the same law (one suspended execution, seven times). In particular, it is hard to determine that the court below erred by misapprehending all of the sentencing conditions of this case and the sentencing guidelines of the Supreme Court, such as the fact that the defendant committed the remaining crimes except the fraud of the victim C during the suspended execution period due to the same kind of fraud, and other crimes, which are disadvantageous to the defendant, such as the defendant's age, family relation, criminal record, sex relationship, environment, means and method of the crime, motive and circumstance of the crime, etc.

3. If so, the defendant's appeal is without merit, and the Criminal Procedure Act is applicable.