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(영문) 인천지방법원 2015.06.26 2015노1567

사기

Text

The judgment below

Among the applicants, the part of the remedy order and the rejection of the remedy order against F, H, J, L andO is excluded.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. Determination:

A. As to the Defendant’s assertion of unfair sentencing, the Defendant posted a notice on a total of 46 occasions on the Internet site Niberian PC, etc. in spite of the fact that the Defendant had no intent or ability to sell the goods, and fraudulently sold the goods to the victims who have believed it as true and had contacted, and acquired them by transfer from the victims a total of KRW 14,676,00. In light of the circumstances and methods of the crime, the crime is very poor; the crime is not recovered; the damage is not recovered; the same criminal record is not agreed with some victims; the Defendant committed two times on April 24, 2013; the Defendant was sentenced to a suspended sentence of one year under the Act on the Promotion of Game Industry; and the Defendant committed the instant crime during the suspended sentence of two years.

On the other hand, in consideration of all the sentencing conditions indicated in the records of this case, such as the defendant's age, character and behavior, family environment, and circumstances after the crime, the sentence of the court below against the defendant is somewhat unreasonable.

B. Of the judgment below, the compensation order pursuant to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Ex officio Proceedings for the part of the compensation order for C, G, and K, among the compensation order, is a remedy order for the direct property damage suffered by the victim of the criminal act only when the amount of damage is specified and the scope of the Defendant’s compensation liability is evident. The victim’s damage recovery is convenient and speedy