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(영문) 울산지방법원 2015.12.24 2015노1264
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

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 (one year of imprisonment) is too unreasonable, and the prosecutor is too unhued and unreasonable.

2. The crime of this case is committed by deceiving a number of people who wish to purchase goods on the electronic commerce website, etc. used by unspecified persons, and such crime is committed disturbing the order of electronic commerce and thus requires strict punishment, and by repeating the crime for a prolonged period of up to eight months, the victim's fear is about 208 and the total amount of damage is about 23.4 million won, etc., which are disadvantageous to the defendant.

On the other hand, each of the crimes of this case is recognized by the Defendant and is in profoundly against each of the crimes of this case, and the amount obtained by deceit for the victim who agreed to or repaid by some victims (104) or agreed to or repaid the damage in the original trial is 12,432,50 won in total;

The fact that the defendant is the first offender who has no criminal power is favorable to the defendant.

Considering the Defendant’s age, family relation, criminal record, character and conduct, environment, means and method of committing a crime, motive and circumstance of the crime, and the application of the sentencing guidelines of the Supreme Court Sentencing Committee, it is not determined that the Defendant’s punishment is too heavy or unreasonable to the extent that the sentence imposed by the lower court should be reversed.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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