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(영문) 청주지방법원 2014.04.04 2014노105

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment of the defendant committed the crime of this case by means of anonymousness on the Internet, by deceiving an unspecified number of unspecified persons as if they were sold goods, and by deceiving them through deception, the nature of the crime is not only good, but also the continuous production of multiple victims for a considerable period of time, the amount of damage exceeds 11 million won, and no agreement is reached with some victims. In particular, the part of the crime of this case was committed in the course of trial after being prosecuted for the crime of this case, and the crime of this case was committed during the course of trial, and the crime of this case was committed by borrowing another person's account to obtain money from victims, and it is disadvantageous to the defendant.

However, the fact that the defendant divided each of the crimes in this case and committed a serious reflective behavior, 32 of the victims of the crime of fraud and agreed to pay damages to 47 victims of the crime of fraud, 10 victims who can be additionally deposited in the trial and deposited the total amount of each damage amount (in the case of the victims of money, there seems to be any circumstance where it is difficult to deposit in reality because their personal information is not specified or confirmed), 10 victims who can be deposited in the trial, there is no record of punishment more severe than the fine, and 10 parents of the defendant have assistance to prevent the recidivism of the crime of this case.

Therefore, if we consider the above circumstances together with the various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relationship, and circumstances after the crime, the sentence of the court below is too unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable.