beta
(영문) 대구지방법원 2017.01.11 2016노4569

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than nine months.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that each of the crimes of this case is deemed that the crime of this case, such as undermining the order of sound Internet electronic commerce and promoting a bad morals in society, needs to be strictly punished, and that there is a history of criminal protective disposition and punishment for juveniles over a number of times as a single crime, and that the defendant continuously committed the remaining crimes while being investigated by an investigative agency, which was committed by a part of the crime of this case, and was committed by the criminal investigation agency for a considerable amount of time, and that the victim committed the crime repeatedly over a considerable period of time, the damage was not recovered, the fact that the victims did not agree with the victims, and that most of the defraudeds were used as money through the Internet gambling site.

However, the defendant has led to the confession of all crimes, and there is no significant amount of individual damage, there is no criminal history of punishment heavier than a fine, and the court below deposited the amount equivalent to the amount of damage for the victim AK, Q, AE, AE, AR, AP, AH, AH, AG, AI, F, andN (total of 1,843,50) in each of the judgment below, and deposited the amount equivalent to the amount of damage for the victim W, BC, AX, AX, AU, BE, and AW (total of 1,420,00) in each of the judgment below, and deposited it for the victim W, BC, AX, AX, AU, BE, and AW, the amount equivalent to the damage (total of 1,420,000 won) for the victim's age, sex, environment, motive, means, and result of each of the crimes in this case, and the circumstances after the crime.

3. According to the conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and the following is ruled again after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, and thus, the summary of the evidence is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1..