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(영문) 울산지방법원 2016.10.13 2016노874
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s mistake is recognized by the lower court; (b) the individual damage is relatively large; and (c) the Defendant deposited KRW 150,000 for the victim I in the first instance.

However, in light of the contents, details, frequency, and number of victims of the crime, it is not easy for the defendant to be subject to criminal punishment for the same crime, and the defendant has committed each of the crimes in this case again during the suspension period of execution of the crime.

Furthermore, it is inevitable to punish a considerable period of time in that most of the damage is not recovered.

In addition to these circumstances, the scope of recommendations (one year to two years and six months) according to the sentencing guidelines set by the Sentencing Committee of the Supreme Court in addition to the various sentencing conditions shown in the records and arguments, including the Defendant’s age, character and conduct, environment, and circumstances after the commission of the crime / [the scope of recommendations] the aggravated area (one year to two years and six months) (one year and six months), and the aggravated area (one year to two years and six months) of the Sentencing Committee (a person under special circumstances), or multiple unspecified victims for a considerable period, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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