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(영문) 울산지방법원 2015.01.30 2014노1097

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the Defendant, the sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. In light of the overall circumstances of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unreasonable.

2. In full view of all favorable circumstances, such as the fact that the defendant recognized the crime of this case as well as the fact that it might be deemed that the defendant caused the crime of this case due to difficulties in living, etc., and the crime of this case is planned and consistent with the Act on the Acceptance of Criminal Crimes by deceiving the above money by means of giving false orders to the victims and receiving the money first from them. The defendant committed the crime of this case against multiple victims 16 times in total at the time when 5 months have elapsed since he was released without being aware of the fact that he was committed during the period of the same repeated crime, without being aware of the fact that the victim was not recovered, and all other sentencing conditions such as the defendant's age, family relation, criminal record, criminal relation, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., the defendant's and prosecutor's assertion of unfair sentencing cannot be justified.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.