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(영문) 울산지방법원 2017.06.09 2017노407

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered on the defendant is too unreasonable, each of the punishments (crimes Nos. 1, 5, 6, and 7 in the judgment below: fine of 3 million won in the judgment below, and crimes Nos. 2, 3, 4, and 8 in the judgment below: fine of 4.5 million won in the judgment below).

2. Determination is that the Defendant recognized each of the instant crimes and reflected, the amount of damage by each of the victims is somewhat minor, and some of the crimes are sentenced to a suspended sentence of one year by imprisonment with prison labor at the Busan District Court on September 5, 2013, and the Defendant is sentenced to a suspended sentence of two years by September 13, 2013, and the relationship between fraud for which the judgment was made on September 13, 2013 and the concurrent crimes for which the latter part of Article 37 of the Criminal Act should be considered at the same time under Article 39(1) of the Criminal Act.

On the other hand, the crime of this case was committed by deceiving victims and by deceiving them to settle game money or game items on behalf of them, and it was committed repeatedly, and the defendant continued to commit the crime during the trial of the same kind, and some of the crimes were committed during the suspended execution period, and the defendant did not reach the recovery of damage, etc. are disadvantageous circumstances to the defendant.

In full view of the above favorable circumstances and other circumstances, such as the defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, and circumstances that are the conditions for sentencing as shown in the pleadings, even if considering all favorable circumstances for the defendant, it cannot be deemed unfair because the court below’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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.