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(영문) 울산지방법원 2015.09.04 2015노773

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized each of the crimes of this case and reflected, that the defendant has no record of having been sentenced to punishment, and that there is a family member to support the defendant.

However, each of the crimes of this case was committed by deceiving the victims as if the defendant could live in electronic equipment, thereby deceiving them 12,640,000 won through a total of 14 times from the victims. Although the defendant had been punished for the same kind of crime three times, the crime of this case again led to the crime of this case; the defendant used the money equivalent to the above acquired amount as entertainment expenses or living expenses; the defendant did not make a considerable effort to pay damages; and the defendant did not reach an agreement between the defendant and the victims up to the trial, and did not recover from damage.

In full view of the above favorable circumstances and conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, and other various circumstances, which are conditions for sentencing as shown in the trial process, even if considering all favorable circumstances for the Defendant, it cannot be deemed unfair since the lower court’s punishment is too unreasonable. Thus, the Defendant’s assertion is without merit.

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