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(영문) 울산지방법원 2018.11.23 2018노664

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because it is too unreasonable that the punishment of the lower court (2 years and six months of imprisonment for Defendant A, and fines of KRW 3,000,000) is too unreasonable.

2. Determination

A. In full view of the following factors: (a) Defendant A had an attitude against his mistake; and (b) Defendant A had agreed with 7 victims in the trial; (c) Defendant was the principal offender who led the instant crime; (d) most of the criminal interests have been acquired; (e) Defendant was punished for the same type of fraud; and (e) repeated commission of the instant crime during the repeated crime period; (e) Defendant’s age, sex, family environment; (e) Defendant’s motive and background; (e) motive and background of the instant crime; and (e) the application of the sentencing guidelines of the Supreme Court’s sentencing committee, including the circumstances before and after the instant crime, etc., the sentence imposed by the lower court is too unreasonable.

B. The defendant shows an attitude against his mistake, the fact that all investment funds recruited by the defendant were returned, and all the proceeds of the crime that was paid are returned, etc., are factors for sentencing that can be considered to the defendant, the fact that the amount that the defendant acquired by deception or by the similar receipt of the crime of this case is more than one billion won, the fact that the crime is not less than that of the defendant, the fact that the criminal liability is less than that of the defendant is less than that of the crime of this case, the fact that the judgment concurrently becomes final and conclusive, and the equity between the accomplices is taken into account, and the defendant's age, sexual behavior, family environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances before and after the crime, etc., it is not recognized that the punishment of the court below

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