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(영문) 의정부지방법원 2016.04.29 2016노636

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 20 million won.

The above fine shall not be paid by the defendant.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (the imprisonment of six months and the fine of two million won, confiscation) is too unreasonable.

2. In light of the content, method, frequency, period, etc. of each of the instant crimes, the Defendant was unable to commit the instant crime, and the Defendant acquired money with the same manual as the instant fraud, and was sentenced to a suspended sentence of two years on March 3, 2015, and was sentenced to a fine on March 3, 2015, and even if he was sentenced to a fine during the suspended sentence, he/she was sentenced to a fine on the part of a large number of unspecified victims, which is likely to be subject to criticism.

However, the court below shows the attitude of opposing the defendant to recognize all of the crimes in this case; the defendant paid damages to 23 of the 28 victims of the fraud in this case; the defendant paid additional damages to 3 victims in this case; the defendant was detained for about 6 months in this case; it seems that the seriousness of punishment due to the repetition of the crime of fraud in goods transactions on the Internet is sufficiently impaired; if this judgment becomes final and conclusive, the punishment for the above 6 months which has been suspended after the suspension of execution of the previous execution should be additionally imposed for 2 years and 6 months due to special robbery; the possibility of improving the defendant's age and future consideration should be considered as the early birth in the society of 21 years old; and other circumstances such as the defendant's age, sex, environment, circumstances, process of the crime, method of the crime, criminal records, etc. as shown in the argument in this case are inappropriate.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by the court.