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(영문) 울산지방법원 2018.09.20 2018노539
사기
Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the Defendant are as follows: (a) the Defendant made a confession of the instant crime and reflects his mistake; (b) the Defendant was suffering from a yellow disorder and has a good health condition; and (c) the Defendant’s alone died during the period of reduction of the number of the Defendant.

However, even though the defendant did not possess a game item, if he transfers money to the victims through a game hosting hold even though he did not hold the game item, the crime of this case would be an item of the game item.

The deception by deceiving the victims that the crime is not good, the number of victims is more than 36, the amount of damage is a large amount of KRW 15 million, the defendant has the same power five times, and the investigation agency is present and investigated.

In light of the Defendant’s age, sex, environment, motive and background leading to the instant crime, means and consequence thereof, and the circumstances after the commission of the crime, including the fact that the investigation was avoided several times, etc., the sentence imposed by the lower court is too unreasonable.

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

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