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(영문) 서울중앙지방법원 2015.07.16 2015노1943

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the defendant against the appeal by the defendant is that the sentence of the court below against the defendant (two years and two months of imprisonment) is too unreasonable.

However, according to the records, the defendant was sentenced to two years and two months of imprisonment for fraud in the lower court on April 30, 2015 and appealed on May 8, 2015. However, on May 13, 2015, the dismissal of an appeal was decided on the ground that he/she appealed after the termination of the right to appeal from the lower court on May 13, 2015. The above decision was delivered to the defendant and his/her defense counsel on May 15, 2015, but the above decision was delivered to the defendant and his/her defense counsel, but the defendant did not file an immediate appeal within the time limit for the immediate appeal, and the fact that

According to the above facts, the defendant filed an appeal after the lawful appeal period expires, and received the dismissal decision from the court of original judgment, and the above decision becomes final and conclusive. As long as the decision of dismissal of the above appeal becomes final and conclusive, the grounds for appeal by the defendant is not subject to the judgment of the party concerned, and the reasons for ex officio examination on the records cannot be

2. Judgment on the prosecutor's appeal

A. The sentence of the court below (two years and two months of imprisonment) against the defendant in the summary of the grounds for appeal is too unhued and unreasonable.

B. In light of the fact that the Defendant was sentenced several times to the crime of fraud under the law by deceiving the money by fraud on the Internet site, even though the Defendant was sentenced to the punishment by fraud, the Defendant should be punished strictly, in light of the following: (a) the number of victims due to the instant crime exceeds 100 persons and the amount of damage exceeds 26 million won; and (b) there is no effort to recover the victims’ damage until now.

However, the defendant seems to have committed the crime of this case in order to prepare living expenses, etc., and the defendant has led to a confession of all the crimes of this case and repented his mistake in depth.