beta
(영문) 서울남부지방법원 2015.12.18 2015노1548

사기

Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment of 10 months sentenced by the court below is too unreasonable.

However, considering the circumstances, such as the fact that the defendant has led to the crime since the investigation agency, and that the sum of the amount of fraud is only 6,797,000 won, considering the fact that ① the case is the case of deceiving the sale of goods through the Internet's used goods and the victim is also a conclusive intentional crime, and the victim is also 39 persons, ② the criminal records of the same kind of crime are three times, ③ the defendant has not been aware of the crime during the period of suspension of execution of the same crime, ③ the defendant has committed the crime of this case without being aware of it during the period of suspension of execution of the execution of the same crime, and the same crime during the period of the above suspension of execution of the execution of the punishment of this case was committed again on May 28, 2015, and the possibility of criticism is high, ④ the damage recovery from the crime of this case has not yet been made up to the trial, ⑤ the age, character and conduct of the defendant, the environment and motive of the defendant, the motive and means of the crime, and other circumstances after the crime are inappropriate.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.