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(영문) 울산지방법원 2016.12.23 2016노1709
사기
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

2. The judgment of the defendant is an unfavorable circumstance to the defendant, where 15 victims receive 5,390,000 won from the Internet site to obtain money from them as the price for the goods, and the quality of the crime is inferior in light of the method and frequency of the crime, the fact that the defendant did not agree with most victims, and that he had been punished four times as fines for the same kind of crime in the past.

However, all of the crimes of this case are recognized by the defendant, and it is deemed that there is an opportunity to open the case in view of the fact that the defendant still has been against the 20th young age, and that there is an opportunity to open the case, at the investigation stage, three victims (the amount of damage 1.280,000 won) have been paid back to the victim by depositing the money equivalent to the amount obtained by deceit for the remaining 12 victims in the trial stage, and it seems that the victims have been fully recovered from the victims by depositing the money for the remaining 12 victims, the defendant's family and the surrounding persons want to take up the defendant's guidance, and other various sentencing factors specified in the defendant's age, character and behavior, family environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the defendant's assertion of unfair sentencing is justified.

3. In conclusion, the part of the judgment below excluding the order for compensation pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the appeal by the defendant is based on the following reasoning.

[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment of the court below, thereby citing it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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