사기
The defendant's appeal is dismissed.
The defendant shall be sentenced to KRW 80,00,000 to AS, an application for compensation, which is an applicant for the compensation.
1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant’s appeal against the Defendant reflects the wrongness while attempting to commit the instant crime.
However, the crime of this case is very poor because the defendant, who sold goods or admission tickets to many unspecified victims on the Internet camera bulletin board, obtained the price by fraud.
Although the Defendant had been punished several times, including the previous conviction in the judgment as to the crime of fraud like the crime of this case, the Defendant began to commit the crime of this case during the period of the same repeated crime of the same kind, which is licking after being released.
The substantial part of the crime of this case is the crime committed repeatedly without any reflect, even though the defendant was investigated by the police.
It is necessary to strictly punish the defendant as it seems that such defendant significantly lacks compliance consciousness and effort to prevent recidivism.
Although the defendant agreed to pay the victim to two victims at the court below, it was not possible to recover the damage to the victims until the court of first instance.
In full view of the aforementioned various circumstances and the Defendant’s age, character and conduct, environment, motive and circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of discretion, and there is no change of circumstances to deem that maintaining the judgment of the lower court is unreasonable in the trial.
Ultimately, the punishment sentenced by the court below shall be appropriate, and it shall not be deemed unfair.
Defendant’s assertion is not accepted.
B. According to the records on the application for compensation order at the trial, the defendant committed the fraud of this case, and 80,000 won from AS, the applicant for compensation at the trial, and 240,000 won from BK, the applicant for compensation at the trial.