사기등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal (each of the crimes of Nos. 1, 2, 3, 4, 12, and 13 as indicated in the judgment of the court below: Imprisonment with prison labor for eight months, and crimes of Nos. 5 through 11, and 14 as indicated in the judgment of the court below: imprisonment with prison labor for one year and four months) is too unreasonable.
2. It is recognized that the Defendant recognized all the facts charged of this case and against his mistake, and that each of the crimes of Articles 5 through 11, and 14 as indicated in the judgment of the court below should be punished in consideration of equity in the case where the first head of the crime as indicated in the judgment of the court below is judged concurrently with the crime. Meanwhile, even though the sum of the amount of the fraud of this case exceeds KRW 200 million, the Defendant received a return from the Defendant twice a part of the amount of damage to the victim N.
The defendant asserted (2015 High Order 5249 of the evidence record No. 143 of the 2015 High Order 5249), and the defendant returned 46 million won to the victim.
One of the arguments (2015 high group 5249 of the evidence record No. 452 of the evidence record), there is no objective evidence to support the defendant's argument.
The defendant did not return the remainder and did not agree with the victims, and the defendant did not have been sentenced to criminal punishment several times, such as 10 times of a fine for the same crime, 2, 3, 4, 12, and 13 as stated in the judgment of the court below, and without being aware of the suspension period for the same crime due to the same crime, and committed the crime in the second instance without being aware of it during the suspension period for the execution period for the same crime, and the total amount of damage caused by the fraud as stated in the judgment of the court below is relatively small amounting to five million won. However, the above crime is a type of criminal committed on the Internet, which is the same as the fraud committed against an unspecified number of victims and is subject to suspended execution, and there is no special change of circumstances to change the sentence of the court below after the sentence of the court below was made, and all of the conditions of punishment recorded in the records and arguments in this case, such as the defendant's character, conduct, etc., it is too unfair to impose punishment on the court below.