beta
(영문) 인천지방법원 2018.04.26 2018노654

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and two months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflected his mistake, and that there was an agreement with some victims of the instant Internet goods transaction frauds or reimbursed the amount of damage therefrom, and that there was no record of criminal punishment of the penalty.

However, in light of the method and frequency of crimes and the scale of crimes, etc., the crime of fraud in transactions with the Internet goods of this case is considerably poor in the quality of the crime by deceiving victims through 24 times a total of 24 million won through false sales posting, etc. during the period of one month, and by receiving a total of 8 million won from them as the price, and taking into account the following facts: (a) fraud against the victim F is considerably poor in the quality of the crime; and (b) fraud is committed by the defendant using money exceeding KRW 40 million for a period of 8 months by taking advantage of the defendant's trust with the above victim and falling short of the intellectual ability of the victim; and (c) the motive, method, and scale of damage are considered as a matter of obtaining money exceeding KRW 40 million from the above victim to the gambling fund, etc.; (d) there is no possibility that the defendant will be subject to punishment for the same kind of crime as the victim, and (e) there is no possibility that the defendant will be subject to suspended execution after being sentenced to imprisonment with the same kind of the defendant's.