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(영문) 부산지방법원 2016.02.05 2015노4357

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. It is recognized that the circumstances, such as the confession of all the crimes of this case and reflects his mistake, and there is no record of criminal punishment heavier than the suspension of execution.

However, the crime of this case is committed by deceiving 26,421,00 won through 58 times from unspecified or many victims who intend to sell false goods and purchase goods on the Internet trading site. The crime of this case is committed by deceiving 26,421,00 won in total on 58 occasions. In light of the method and content of the crime, the crime of this case is considerably poor, and the defendant has been punished twice as the same crime, and the agreement with victims or damage recovery has not been properly achieved until now. There are no special circumstances or changes in circumstances that may be newly considered after the decision of the court below, and there is no new punishment or change in circumstances, 30 days of punishment for the same or similar case is detained and has been subject to disciplinary punishment for the same or similar violation of discipline, and other various sentencing conditions and sentences imposed by the court below on the argument of this case, including the age, character, environment, motive and circumstance of the crime, etc., fall under the scope of punishment for each of the crimes of this case to be punished by imprisonment with prison labor for a considerable amount of less than one year (1).

In full view of the fact that the sentence imposed by the court below is too large and unfair.