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(영문) 창원지방법원 2016.10.26 2016노1892

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The judgment of the defendant is favorable to the fact that the defendant recognized all of the crimes of this case, and is against the law, the amount of individual damage to the crime of fraud is not so significant, and the fact that the defendant agreed with the victim D is more favorable.

However, the crime of fraud of this case was committed by the Defendant by deceiving many unspecified victims on the Internet trading website in order to raise money for gambling, in light of the motive, method, frequency of the crime, and the number of victims, etc., the crime is very poor; the Defendant has been sentenced to juvenile protective disposition, fine, and suspended execution over several times due to the crime of fraud; the Defendant was detained by the same crime as in this case; the Defendant was sentenced to a suspended sentence for six months at the Changwon District Court, but the Defendant was sentenced to a suspended sentence for six months at the Changwon District Court; the Defendant committed each of the crimes in this case; the Defendant committed each of the crimes in this case; the Defendant did not comply with the probation according to the suspended sentence; and the Defendant did not have any specific situation until now.

Considering the Defendant’s age, character and conduct, environment, motive and background of the crime, the means and consequence of the crime, and various conditions of sentencing indicated in the instant records and pleadings, including the circumstances after the crime, the lower court’s judgment cannot be deemed unreasonable to have exceeded, or maintain, the reasonable bounds of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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