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(영문) 울산지방법원 2015.04.10 2015노152

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Each of the crimes of this case, which was committed by deceiving a number of unspecified persons who wish to purchase goods on the electronic commerce website, etc. The above fraud is a normal situation against the defendant, such as: (a) the crime of this case was committed by disturbing the order of electronic commerce and requires strict punishment; (b) the crime of this case was committed again despite the past record (three times of fines) punished by the fraud of the same law; (c) the crime of this case was committed continuously without going against the investigation conducted by an investigative agency; and (d) the crime was committed repeatedly without being present during the trial of this case; and (c) the crime was committed repeatedly without being present during the trial of this case.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant recognized all of the crimes of this case and committed the crimes of this case for about five months, the amount of fraud and the total amount of defraudation by each victim is relatively small, the repayment of damage amount to some victims, and the fact that there is no criminal record above the suspension of execution, etc., and other circumstances favorable to the defendant, such as the defendant's age, character and behavior, family environment, motive and circumstance of the crime, means and consequence of the crime, and the result of the application of sentencing guidelines of the Supreme Court Sentencing Committee, it is recognized that the punishment imposed by the court below is somewhat inappropriate.

3. The judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is again ruled as follows.

[Discied Judgment] Criminal facts and summary of evidence recognized by the court are the same as that of the judgment below, and thus, the summary of evidence is identical to the corresponding column of the judgment below. Thus, Article 369 of the Criminal Procedure Act is applicable.