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(영문) 대구지방법원 2017.11.03 2017노3645

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant is making a confession of all the crimes, and his mistake is divided.

At the investigation stage, the victim S does not want to be punished for the defendant by paying damages to the victim S at the investigation stage.

At the lower court, the victim AL, AP, AJ, andN have been agreed smoothly with the victim E, AO, K, AM, and AK have fully or partially repaid the amount of damage.

In the first instance, the victim P (Article 5 of the judgment of the court below) paid 100,000 won to the victim P (Article 12 of the judgment of the court below, and the victim AF (Article 12 of the judgment of the court below, 650,000 won) and only agreed.

However, the crime of fraud in selling secondhand goods on the Internet needs to be punished strictly by impairing the order of sound Internet electronic commerce and promoting the general society of society.

There are many times of criminal fraud committed by the defendant, and the total amount of damage is not much.

The crime of fraud against the victim W is a bad crime that the defendant committed by using personal trust relationship with the victim.

The damage has not been completely recovered, and in particular the victim W was unable to be used.

Even though the defendant committed another crime during the period of probation, and received several summary orders, the defendant committed each of the crimes in this case even before the period of probation expires.

In addition, considering all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, and attitude of the commission of the crime, the sentencing of the lower court is not deemed to have exceeded the reasonable scope of discretion, even if considering the circumstances in which the damage equivalent to KRW 750,00 was additionally recovered from the trial of the lower court.

Therefore, the defendant's assertion is without merit.

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