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(영문) 전주지방법원 2016.10.14 2016노971

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for ten months) of the lower court is too unreasonable.

2. The circumstances favorable to the Defendant are the following: (a) the Defendant recognized the instant crime and reflects the mistake; (b) paid damages to some victims; and (c) the amount of damages for each individual crime is not the maximum amount.

On the other hand, the crime of this case is committed by deceiving 28 victims to sell an admission ticket to Austria social steo on the Internet site, and the nature of the crime is not less than that of the crime, and the defendant has already been subject to criminal punishment five times due to the same crime, and on December 4, 2015, he was sentenced to three years of suspension of execution for the same crime in the official state support of the Daejeon District Court, which was sentenced to three years of suspension of execution for the same crime, and again committed the crime of this case during the period of suspension of execution, and the imprisonment of 10 months sentenced by the court below deviates from the lower limit of the recommended sentence (one year to two years and six months) according to the sentencing guidelines of the Sentencing Commission by the Supreme Court.

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

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