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(영문) 울산지방법원 2020.01.16 2019노1116
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall obtain money from the applicant for compensation 23.

Reasons

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

2. The crime of this case is determined by deceiving a large number of unspecified persons and deceiving a large amount of money exceeding KRW 40 million in a planned and repeated manner, and the crime of this case is not good in light of the method and attitude of the crime, and is likely to be subject to criticism.

The victims were unable to recover from the victims' damages and did not reach an agreement.

Despite a number of criminal punishment records in the past, the crime of this case came back again.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant led to the confession and mistake of all the crimes of this case.

In a situation where the economic situation is not good, there is an aspect that prevents the crime of this case.

There was no penalty ability exceeding a fine, and there was an opportunity to return to his/her wrong when living under detention for about nine months after being detained on April 2019.

The above is the circumstances favorable to the defendant.

As such, taking into account the unfavorable or favorable circumstances to the defendant as above, all other circumstances that form the conditions of sentencing as shown in the records and arguments, such as the age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the scope of sentencing recommended according to the sentencing guidelines of the Sentencing Committee of the Supreme Court (one year to two years).

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

A. In full view of all of the following factors: (a) a crime No. 1 (Fraud and Use Fraud of Computer, etc.) [Type 1] and a general fraud [type 1] below KRW 100 million (Special Convictd Person] and where a crime is committed against unspecified or large number of victims or repeatedly over a considerable period of time (the scope of recommending area and recommending punishment] and the aggravated area of punishment (the scope of recommending area and recommending punishment), one year to two years, and six months, it is deemed that the punishment (one year and six months of imprisonment) imposed on the Defendant is somewhat unreasonable.

Defendant’s assertion is with merit.

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