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(영문) 부산지방법원 2016.04.08 2016노137

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (a crime set forth in section 1240 of the order of 2015: Imprisonment with prison labor, six months, and two crimes set forth in section 1240 of the order of 2015: imprisonment with prison labor: a crime set forth in section 1240 of the order of 2015: a crime set forth in section 1552 of the order of 2015: imprisonment with prison labor for one month) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the instant crime; (b) the Defendant’s dependents are likely to make it difficult for the Defendant to live, because the period of detention is long; (c) the crime listed in the upper part of 1552 and the crime of fraud, which became final and conclusive on February 2, 2015, are concurrent crimes of a group after Article 37 of the Criminal Act; and (d) the equity between the Defendant and the case where the judgment was rendered is considered at the same time.

However, the crime of this case is committed by deceiving money from many victims through the Internet's transactions site of goods and it is not appropriate to form the crime. The defendant did not compensate for most damages to the victims; the defendant was sentenced three times to a fine of the same kind of crime; the defendant was sentenced to one time suspension of execution; and the defendant again committed the crime without being aware of it during the period of repeated crime; and other various sentencing conditions specified in the argument of this case, such as the background of the crime of this case, the circumstances after the crime, the defendant's age, sexual behavior, environment, etc., are too unreasonable, and therefore the defendant's 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.