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(영문) 수원지방법원 2016.09.09 2016노3287

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In a case where an appeal against a judgment of conviction in the scope of a trial by this Court is filed, the confirmation of a compensation order shall be prevented even without an objection to the compensation order, and the compensation order shall be transferred to the appellate court along with the defendant's case. Thus, even though the defendant appealed only to the part of the defendant's case among the judgment of the court below and did not appeal against the compensation order, the part of the court below's award of the compensation order against the applicants for compensation

Therefore, the entire judgment of the court below belongs to the scope of this court.

2. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

3. The judgment is recognized that the defendant recognized each of the crimes of this case, but it is contradictory to that of this case. The defendant, although in collusion with B or independently connected to the Internet's trading site of secondhand goods, pretended to have sold goods, the defendant shall acquire a total of 10 million won from 44 victims as the price of goods. In light of the methods of crime committed repeatedly against many unspecified victims, the nature of the crime is very poor in light of the number of crimes, the frequency of crimes, and the number of victims. The defendant was sentenced to imprisonment with prison labor due to the fraudulent act of the same law and completed the execution of the punishment, and the defendant started to commit each of the crimes of this case. The defendant did not reach an agreement with victims, and the defendant did not take any specific measures to recover from damage, and in light of the defendant's age, sexual conduct, environment, motive and circumstance of the crime of this case, the means and consequence, the circumstances after the crime, etc., and all of the sentencing conditions stated in the records and arguments of this case, the sentence of the court below is too unfair.

On the other hand, the Defendant did not assert the grounds for appeal regarding the cited portion of the compensation order.