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(영문) 울산지방법원 2015.10.16 2015노959
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each punishment (for example, 6 months of imprisonment and 8 months of imprisonment) of the lower court is too unreasonable;

2. The fact that the Defendant recognized each of the instant crimes and reflected his mistake, and the offense No. 1 of the holding ought to be considered as favorable to the Defendant, in relation to the crime of fraud, etc. for which the judgment has become final and conclusive and the latter concurrent crimes of Article 37 of the Criminal Act.

However, each of the crimes of this case is the fraud by deceiving a trading partner on the electronic commerce website used by many unspecified persons, and such fraud is in need of strict punishment since it disturbs the order of electronic commerce and leads many victims, the defendant did not make a serious effort to pay damages and did not reach an agreement with the defendant and victims up to the trial. In particular, the defendant was sentenced to a suspended sentence of one year for the same crime, and the defendant was sentenced to two years for a suspended sentence of one year for the same crime, and the crime of this case was committed again on February 24, 2015, while one month has not passed since the judgment became final and conclusive, and the defendant had been punished nine times for the same crime, which is disadvantageous to the defendant.

In full view of the above favorable circumstances and conditions, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstances after the commission of the crime, and other various circumstances, which are conditions for sentencing as shown in the trial process, even if considering all favorable circumstances for the Defendant, it cannot be deemed unfair since the lower court’s punishment is too unreasonable. Thus, 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 on the ground that it is without merit. It is so decided as per Disposition.

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