(영문) 울산지방법원 2016.12.09 2016노1707 | 리걸엔진

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크기(pt)

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자간(%)

(영문) 울산지방법원 2016.12.09 2016노1707

사기

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a period of five months.

Reasons

1. The gist of the grounds for appeal is that the Defendant filed each appeal on the grounds that the sentence imposed by the lower court (six months of imprisonment) is too unreasonable, and the prosecutor is too unhued and unreasonable.

2. The crime of this case was committed on the Internet market by deceiving the victims as if the defendant actually sold goods at the Internet market site and deceiving them about a total of 5.6 million won for the price of goods through 40 times. In light of the background, method, mode, frequency, and scale of damage, etc. of the crime, the crime of this case was not committed, but did not reach agreement with the victims, two times of fines for the same kind of crime before the crime of this case was committed, and the crime of this case was punished four times of fines for the same kind of crime, and the crime of this case was committed on March 31, 2016 without being aware of the fact that the court of this case was sentenced to a suspended sentence of 1 year imprisonment for a crime of fraud, which was committed on March 31, 2016, but continued to commit the crime of this case without being aware of it.

However, in full view of the circumstances favorable to the defendant, including the fact that the defendant acknowledges and reflects all of the crimes of this case, the defendant repaid most of the damages from the investigative agency to the trial of the case, and the remaining victims deposited a considerable amount of damages, etc., and that the crime of this case and the crime of fraud, which became final and conclusive on June 25, 2016, need to be determined at the same time in consideration of equity with the concurrent crimes under the latter part of Article 37 of the Criminal Act, and other factors of sentencing as shown in the arguments of this case, such as the defendant's age, family relation, family relation, criminal record, character and conduct, environment, means and method of the crime, motive and circumstance of the crime, etc., it is recognized that the punishment of the court below is somewhat unreasonable.

3. If so, the defendant's appeal is justified.

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