사기
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unreasonable.
2. Determination
A. It is recognized that the Defendant led to confession and reflect on the instant crime, agreed with 18 of the 25 victims at the lower court, and suffered from shock and depression.
B. However, the Defendant was sentenced to the punishment of 8 months for fraud on June 21, 2013. The Defendant committed each of the instant crimes during the repeated crime period, committed repeatedly against many victims, committed a crime of fraud, and had the record of having been punished several times for the same type of fraud (five times in actual punishment, ten times in fines). Each of the instant crimes is serious undermining the order on the Internet market by neglecting the trust of the transacting party, and thus, is highly detrimental to the social and economic aspect. In full view of the following circumstances, comprehensively taking into account: (a) there is no change of circumstances after the pronouncement of the lower judgment; (b) there is no change of circumstances after the sentence; and (c) other circumstances favorable to the Defendant, such as the Defendant’s age, background, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, even if taking into account the circumstances favorable to the Defendant.
(c)
Therefore, 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.