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(영문) 인천지방법원 2014.09.26 2014노2619

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Defendant committed each of the crimes of this case, which falsely pretended as if there were goods to be sold by accessing the Internet’s “Niberian site,” and that it would be by deceiving the total amount of KRW 1,547,00 from nine victims, and would not cause any damage from any side by opening a mobile phone, thereby committing each of the crimes of this case, which is obtained by deceiving the total amount of KRW 7,984,544, including the prices and charges of the four terminal devices opened from the victim D. In particular, in light of the criminal law and the number of crimes committed repeatedly against many unspecified persons via the Internet, the nature of the crime is inferior, and even though the amount of damage is not certain, the Defendant did not take any measures for recovery from damage until the trial of the case.

However, in light of all the sentencing conditions indicated in the records of this case, such as the Defendant’s age, character and conduct, family environment, motive, means and consequence of the instant crime, etc., the sentence of the lower court against the Defendant is too unreasonable, because it is too unreasonable.

3. The decision of the court below is reversed in accordance with Article 346(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is reversed and it is again decided as follows.

Criminal facts

The summary of the evidence and the facts charged against the defendant recognized by the court and the summary of the evidence are the same as the corresponding columns of the judgment below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347(1) of the Criminal Act concerning the pertinent criminal facts as well as the choice of punishment;