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(영문) 서울중앙지방법원 2018.05.18 2018노660

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s confession and reflects all of the instant crimes, and that the amount of fraud by each victim is not significant due to each of the instant crimes.

However, each of the crimes of this case is obtained by acquiring money equivalent to 7,200,000 won from 15 victims for three months after the defendant presents a false statement that he sells postage stamps, merchandise coupons, game money, etc. through the Internet market. In light of the method of crime and the content of the crime, the frequency of the crime, etc., the crime is not good, the defendant repeats the crime of this case without being aware of even though he is a repeated crime due to the same crime, the victims' damage is not recovered, there is no special circumstance or change of circumstances that may be newly considered for the defendant after the court below sentenced the judgment below, and other factors such as the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, circumstances before and after the crime, and other various sentencing conditions as shown in the argument of this case are considered to be unfair because the sentence of the court below is too unreasonable.

Therefore, the above argument by the defendant cannot be accepted.

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.