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(영문) 인천지방법원 2013.12.06 2013노2680

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant acknowledges each of the crimes of this case and reflects his mistake; (b) the 11st victims paid the amount of money obtained by deception to the victims; and (c) the fact that there is a family member to support the defendant, such as a child, etc.

However, the act of deceiving money against many unspecified persons under the pretext of selling goods through the Internet, such as the crime of this case, is likely to disrupt the Internet commercial transactions and encourage the uncertainty of transactions, and thus, the crime and the criminal intent of this case are significant; ② the defendant has been punished by a fine for the same kind of crime; ③ even though the victims of each crime of this case are many victims and the amount of damage is 6.3 million won, the victims of the crime of this case did not agree with the other victims, and did not make any effort to recover damage; and there are other various sentencing conditions that are shown in the records and arguments, such as the defendant's age, family environment, and circumstances before and after the crime, etc., it cannot be deemed unfair for the court below to have imposed the defendant too much on the defendant.

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.