beta
(영문) 대구지방법원 2017.02.15 2016노5544

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is recognized that the defendant made a confession of all of the crimes and divided his mistake, the fact that the court below reached an agreement with the victim AK, and some of the fraud crimes were committed in attempted crimes.

However, in light of the form, method, period, frequency, etc. of each of the instant crimes, the nature of the crime is very rough and bad, and the act of fraud in selling goods on the Internet is necessary to impair the order of sound Internet electronic commerce and encourage a imprudentity in society as a whole. The Defendant committed each of the instant crimes without being aware of the record of juvenile protective disposition, fine, suspension of execution, and punishment for the same crime, even though he had been sentenced to punishment for the same crime, and again committed each of the instant crimes without being aware of during the repeated period for repeated crime due to the same crime, most of the damages were not recovered, and the injury was not recovered, and there was no change of circumstances that are different from the judgment of the court below, and the Defendant’s age, sex, environment, motive, means and consequence of each of the instant crimes, etc., and the scope of the recommendation of sentencing guidelines set forth by the sentencing committee of the Supreme Court after the crime is too inappropriate, considering the motive, means and consequence of each of the instant crimes, etc.

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.