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(영문) 수원지방법원 2015.09.17 2015노3536

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The judgment of this case is a case where the defendant committed a fraudulent act exceeding 1,400,000 won in total through 28 times against many unspecified persons by means of writing false goods sales writing on the Internet for about 5 months. It is true that there are favorable circumstances such as the defendant's violation of the crime of this case, the defendant's equity in sentencing should be taken into account in the case of concurrent judgment of the crime of this case and the crime of fraud under the latter part of Article 37 of the Criminal Act, and that part of the victim have recovered from damage and does not want the punishment of the defendant.

However, in light of the Act on the Acceptance of Criminal Crimes and the frequency thereof, degree of damage, etc., the defendant's liability is not less than that of the crime of this case, and even though the defendant was tried for the same kind of crime with the crime of this case under the latter concurrent crimes of Article 37 of the Criminal Act, the defendant has continuously committed each of the crimes of this case without any reflection even though he was under investigation as to some of the crimes of this case, and there is a need for strict punishment corresponding thereto. In full view of all the sentencing conditions as shown in the arguments of this case, including the defendant's age, character, character, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment is too unreasonable. Thus, the defendant's above assertion is without merit.

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