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(영문) 울산지방법원 2014.01.17 2013노845

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case, the punishment imposed by the court below (three months of imprisonment, one year and six months of imprisonment) is too unreasonable.

2. Although there are extenuating circumstances, such as the fact that the defendant reflects his mistake through confinement life. However, considering the fact that the amount of fraud by each of the crimes of this case reaches 27.37 million won in total, the victim D and C want not recover from the damage up to the trial, and that the victim D and C wanted to punish the defendant, the defendant has been punished twice due to fraud, etc. on December 22, 2011, and the defendant was sentenced to a suspended sentence of 2 years in imprisonment with prison labor for 10 months on December 22, 201, and again commits some of the crimes of this case during the grace period. The lower court appears to have determined the punishment of the defendant in consideration of equity in cases where the first head fraud of the judgment of the lower court that became final and conclusive in accordance with Article 39(1) of the Criminal Act and the first head fraud of the lower court that became final and conclusive at the same time, taking into account all other factors such as the defendant's age, character, and environment, it cannot be justified.

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