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(영문) 울산지방법원 2017.07.18 2017노598
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (the Defendant’s punishment of two months in imprisonment with prison labor for the crimes listed in the annexed crime list Nos. 1, 2, and 3 in the second sentence of 2017, the second sentence of the lower judgment (the Defendant’s imprisonment with prison labor for the crimes listed in the annexed crime list Nos. 4 through 10, and the second sentence 790 in the second sentence of 2017) is too unreasonable.

2. Considering the fact that the amount of damage is relatively large, the amount of damage is not a relatively large, the defendant has been indemnified, the defendant has yet to be aged 19 years of age, and all of his errors are recognized and reflected, and some of the crimes must take into account the equity between the case where a judgment is to be rendered simultaneously with the case of fraud on the record of crime as stated in the judgment of the court below.

On the other hand, however, the defendant was sentenced to a suspended sentence of two-year imprisonment with prison labor for a criminal act which has been repeatedly committed against many unspecified victims for a considerable period of time, most of the defrauded money through the Internet gambling fund, including one suspended sentence, and the defendant had been sentenced to a suspended sentence of two-year imprisonment with prison labor for a criminal act which has been repeated by the same law in 2016. In particular, the defendant committed each of the crimes of this case continuously even after the period of the judgment in the above case and immediately after the judgment became final and conclusive, there are other unfavorable circumstances against the defendant, such as the defendant's character and behavior, environment, motive, means and consequence of the crime, circumstances after the crime, change of circumstances after the judgment of the court below was sentenced, and all of the sentencing conditions of this case as shown in the arguments of this case, such as character and behavior, environment, motive, means and consequence of the crime, changes

Therefore, the defendant's above 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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