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(영문) 수원지방법원 2020.11.05 2020노4349

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable;

2. The judgment of the court below is deemed to have already been reflected in the sentencing of the court below, even though the defendant recognized the crime of this case and against his mistake, the defendant recovered damage to the victim AB, and the above victim does not want the punishment of the defendant.

On the other hand, since the crime of this case has long been released from the defendant after being sentenced to punishment for the same kind of crime, the crime of this case is committed by deceiving money from victims by pretending to sell game money, etc. in the middle and high-speed Internet market, and its nature is very poor. In light of the frequency of the crime exceeding several times, the number of times, and the amount of fraud exceeding KRW 17 million, etc., most of the crime was not recovered, and most of the damage was not recovered, and there was no criminal history of the defendant, including the criminal record of the same crime, several times, including the defendant's age, career, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the sentencing of similar cases, it cannot be deemed unfair since the court below's punishment of the defendant is too excessive.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.