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(영문) 인천지방법원 2016.07.21 2016노1457

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment) is too unhued and unfair.

2. The crime of this case is acknowledged that the Defendant, by accessing the Internet site, acquired approximately KRW 20 million in total from the victims in the name of several hundred thousand victims by deceiving the game account or mobile phone as if it were sold. The crime of this case is not good in light of the frequency of crime, the number of victims, the method of crime, etc., and the fact that the damage was not recovered properly, and that it was not agreed with the victims.

However, in full view of the following circumstances: (a) the Defendant led to the confession of all crimes and reflects the mistake; (b) the total amount of damage is not significant; (c) there is no history of punishment in addition to the suspension of indictment; and (d) the Defendant’s age, sex, motive, means and consequence of the instant crime; and (c) other circumstances that form the conditions for sentencing, such as the circumstances after the instant crime, etc., the lower court’s punishment is too low and unreasonable

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