(영문) 울산지방법원 2015.09.04 2015노830 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2015.09.04 2015노830

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. Each of the crimes of this case on the market is that a person deceivings a large number of unspecified persons who wish to purchase goods on the electronic commerce website used by an unspecified number of people, and such fraud is a crime that disturbs the order of electronic commerce and leads to a large number of victims. As such, the crime of this case requires strict punishment, although the amount of fraud is relatively small, the victim committed a crime against many and unspecified persons, which has reached 14 persons and has been repeatedly committed for a considerable amount of time, and even though there has been the past record of punishment for multiple times by fraud (five times of fine) under the same law, it is disadvantageous to the defendant.

However, in full view of the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes in this case, and the defendant is living a life for a period of up to two months, the number of crimes and the number of victims is relatively small, the amount of obtainment and the total amount of obtainion by each victim, the amount of damage amount for the victims who did not agree with some victims, deposit the amount of damage amount for the remaining victims who did not reach the agreement, there is no criminal record higher than the suspension of execution, there is no possibility of edification and improvement, and the fact that there is a family member who will support for a long period of time due to the possibility of being supported by the young age of the 20th mid-20s that the living of the defendant would be difficult for the family members, and other factors favorable to the defendant, such as the defendant's age, family relation, criminal records, character and behavior, environment, means and method of the crime, motive and circumstance after the crime, and the result

3. If so, the defendant's appeal is reasonable. Thus, Article 364 (6) of the Criminal Procedure Act is applicable.

참조조문

-형사소송법 제364조 제6항

유사 판례

-울산지방법원 2015.02.11 2014노1119

-울산지방법원 2015.04.10 2015노152

-울산지방법원 2015.12.24 2015노1264

-울산지방법원 2016.01.15 2015노1446

-창원지방법원 진주지원 2013.11.27 2013고단474