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(영문) 울산지방법원 2018.09.20 2018노738
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

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

2. The judgment of the reasons for appeal is that the instant crime was committed on a planned and organized basis against unspecified and multiple occasions, and the scope of damage is limited and it is not easy to recover damage therefrom, and thus requires strict punishment. The Defendant is a “measures for delivery” of the crime of Bosing organization, and the Defendant has the meaning of completing the pertinent crime, and its responsibility is not easy, and the Defendant has played a role of delivering the money by fraud as well as the instant crime, throughout the country from September 2017 to December 2017.

However, the fact that the defendant recognized the crime of this case and against it, the defendant was not planned or led to the crime of this case as a "written delivery" role in the crime of Bosing in this case, and that part of the amount of the crime of this case was received by the victims during the trial of the party, and the victims did not want to be punished for the defendant, and that the crime of this case was prosecuted was remitted to the defendant two times in cash, and that the defendant actually acquired the profit by the crime of this case is not a large amount, and that it was a first offender who has no record of punishment, etc., are favorable to the defendant.

In addition, when examining the defendant's age, sex, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, circumstances after the crime, etc. and the sentencing guidelines [the scope of special mitigation (from June to February, 2, and 6), the special mitigation area (the scope of simple participation and punishment of the person who has been specially mitigated)] as shown in the arguments and records, such as the defendant's age, sex, intelligence, environment, relationship with the victim, motive, means and consequence of the crime, the circumstances after the crime, etc., are examined, the defendant's appeal is justified.

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