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(영문) 울산지방법원 2017.10.19 2017노1076
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below made against the defendant (as to the crimes Nos. 8 and 12-a. 8 of the judgment of the court below as to the crimes: imprisonment with prison labor for 6 months, 1 through 7, 9, 10, 11, 12-b and 13 of the judgment of the court below, 2 years of imprisonment with prison labor) is too unreasonable.

2. Circumstances favorable to the reasoning of appeal: The defendant shows his attitude to recognize and reflect each of the crimes in this case.

Of the crimes of this case, Article 8 and 12-A of the judgment of the court below among the crimes of this case is a single concurrent crime after Article 37 of the Criminal Act, and thus, it is necessary to consider equity in the case of judgment at the same time

Unfavorable circumstances: Each of the crimes in this case committed deception against several victims for a considerable period of time, while driving as male, shall be a large amount of money (crime No. 8 in the judgment below: 37,261,890 won, No. 1 through 7, 9, 10, and 11 in the judgment below: 9,281, 927 won). In the process, each of the crimes in this case was committed with the driver's license in the name of N who is male and thus, it is not good to commit a crime.

The victims have not recovered from the damage.

In the case of victims who known the defendant to be male, the psychological impulse seems to be reasonable.

The defendant committed the crimes of paragraphs 1 through 7, 9, 10, 11, 12-b, 12-b, and 13 in the judgment of the court below even though the execution of the sentence was completed on January 12, 2012 after having been sentenced to two years and six months of imprisonment on April 13, 2010.

The sentencing guidelines do not apply to the crimes of paragraphs (a) and (b) of this case, including the above favorable circumstances, the Defendant’s age and character environment, relationship to victims, the motive and consequence of the crime, the circumstances after the crime, etc., as well as the scope of the recommended punishment according to the sentencing guidelines as stated in the arguments and records of this case (a) and the sentencing conditions as stated in the judgment below, including the circumstances after the crime was committed. Since the crimes of paragraphs (a) are concurrent crimes after Article 37 of the Criminal Act, the sentencing guidelines do not apply to the crimes of paragraphs (1) through (7), (9), (10), (11), and (b) the scope of the recommended punishment according to the sentencing guidelines for the crimes of

(a) Basic crimes (incrimination) [the scope of punishment for recommendation] general fraud (in the form of less than KRW 100,000).

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