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(영문) 서울북부지방법원 2014.09.19 2014노808

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The facts that the Defendant, while making a confession of all of the instant crimes, is in profoundly against the Defendant, are the circumstances favorable to the Defendant, such as: (a) the victim G, J, W, W,M,N, AF, AF, and AG were recovered in the original trial; and (b) the victimJ, K, AR, and ASS were recovered in the trial.

However, the crime of fraud of this case was committed by deceiving an unspecified number of unspecified persons as if they had the intent or ability to sell goods through the Internet goods transaction site several times in a short period, and the nature of the crime was extremely poor in light of the period of crime, frequency of crime, method of crime, etc., and even though there was the record of having been sentenced to punishment due to the crime of fraud of the same several laws in 2010 and 2011, the Defendant committed the crime of this case at another time during the period of repeated crime, and other various circumstances that form the conditions of sentencing, such as the Defendant’s age, character and behavior, environment, motive or circumstance of the crime, means and consequence, etc., it cannot be deemed unfair because the sentence imposed by the lower court is too excessive.

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