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(영문) 청주지방법원 2016.02.19 2015노1433
사기
Text

The defendant's appeal is dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the lower court (one year and eight months of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, the fact that the defendant, after being released, has made efforts to rapidly recover from the victims by normally engaging in economic activities after being released, should be considered favorable to the defendant in the course of determining the punishment of the crime of this case.

However, the crime of this case shows that the defendant, although he did not intend to purchase cultural merchandise coupons at convenience stores in Seoul, Cheongju, and Leecheon-do, he received a physical card or driver's license in his name and immediately brought about the purchase price, and that he did not immediately bring about the purchase price. After the issuance of cultural merchandise coupons, he obtained a delivery of cultural merchandise coupons and acquired a cultural merchandise coupon of about 17.5 million won through 51 times for six months, and the illegal punishment of such act is not weak.

In addition, on July 7, 2014, the defendant committed the crime of this case without being aware of the fact that he had been punished by imprisonment with prison labor for one year and eight months, due to the crime of fraud under the same law and without being aware of it during the period of repeated crime.

B. The Defendant appears to have committed the instant crime in order to raise money necessary for the Internet game.

In addition, it seems that the defendant did not take any measures to recover the victims' damage, and there has been approximately 11 criminal punishment records (including four times of imprisonment and one time of suspended execution) against the defendant up to now, and the above favorable circumstances have already been fully reflected in the judgment of sentencing of the court below.

In addition, various circumstances, such as the defendant's age, sex, intelligence and environment, relationship to victims, motive, means and consequence of the crime, and circumstances after the crime, and the sentencing guidelines applicable to the crime of this case.

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