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(영문) 울산지방법원 2014.10.07 2014노455

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year of imprisonment with prison labor for the first and second crimes at the time of the original adjudication, and two years of imprisonment with prison labor for the third crimes) is too unreasonable.

2. The judgment of the court below recognized each of the crimes of this case and divided, and some of the frauds committed constitute concurrent crimes under the latter part of Article 37 of the Criminal Act with the criminal records in violation of the Punishment of Violences, etc. Act (a collective weapon, injury by deadly weapons, etc.) and the latter part of Article 37 of the Criminal Act. However, the defendant had five identical criminal records including the criminal records of this case, and each of the crimes of this case was committed by the defendant for the same criminal records, during the period of suspension of execution, the crime against the victim W is a crime during the period of suspension of execution, and the amount of fraud is up to 360 million won in total, and the victim did not receive the victim's letter until the trial was completed, and the victim's damage was not recovered, and in full view of all the sentencing factors of the argument of this case including the defendant's age, character, environment, circumstance of the crime of this case, and circumstances after the crime, etc., the above assertion by the court below is not justified.

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