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(영문) 울산지방법원 2017.02.16 2016노2206

사기

Text

The judgment below

Among them, the part against Defendant A (excluding the part of the application for compensation order and the rejection of the application for compensation order) shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (six months of imprisonment to Defendant A and seven months of imprisonment to Defendant B) imposed by the lower court on the Defendants is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. Each of the instant crimes committed by the Defendants, by abusing the characteristics of the Internet transaction that is highly likely to have been reported on the small amount of damage, thereby obtaining the transaction price from many victims over a considerable period of time, and the nature of the crime is heavy in light of the content, circumstances, and frequency of the crime and the number of victims.

Furthermore, even though the Defendants had been punished several times due to the same kind of crime in the past, they again committed each of the crimes in this case, and in particular, Defendant A continued to commit the crimes even after they were arrested and released urgently.

In addition, Defendant B has not made any effort to recover damage until now.

However, the defendants recognize their mistakes and reflects their individual damages, and the extent of individual damages is not relatively more severe. Defendant A agreed with considerable number of victims during the trial of the court of original instance, and agreed with three victims and additionally, and the Defendants did not have any past record of criminal punishment heavier than imprisonment without prison labor.

In addition to these circumstances, Defendant A [the scope of recommended punishment] in the basic area (from six months to one year, and two years and six months) (the scope of recommended punishment] (from one year to one year, and one year and six months) in the basic area (from one hundred million to one year and six months) of type 1 (from one year and six months) in the age of the Defendants, sexual conduct and environment, and circumstances after the commission of the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee (the scope of recommended punishment) by the Supreme Court.