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(영문) 전주지방법원 2016.06.23 2016노454

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s recognition of and reflects on the instant crime, the amount of damage caused by the instant crime is relatively low, and the equity between the judgment of the lower court and the case of fraud should be considered simultaneously with the judgment of the lower court.

However, the instant crime committed repeatedly against an unspecified number of victims for a short time, and is an offense that undermines the credibility of transactions through online, and whose nature of the crime is bad, and the Defendant did not agree with the victims and did not make efforts to recover damage at all, and the Defendant has been punished several times due to the same crime, and the Defendant has the record of having been punished several times, and all of the sentencing conditions specified in the records and theories of the instant case, including the Defendant’s age, sex and behavior, motive and background leading up to the commission of the crime, means and consequence, and the situation before and after the commission of the crime, etc., the lower court’s punishment is too unreasonable.

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.