(영문) 수원지방법원 2015.11.11 2015노4689 | 리걸엔진

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(영문) 수원지방법원 2015.11.11 2015노4689

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

The judgment below

Order 2 No. 11 through 60 of the Order No. 2.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the sentence of the defendant 2, No. 2, No. 11, and No. 107 of the annexed Table 2 of the crime committed in the judgment of the court below, and the sentence of the court below (the imprisonment with prison labor for the crime of fraud listed in the annexed Table 1 of the crime committed in the annexed Table 2 of the judgment of the court below) is too unreasonable.

B. The Prosecutor’s sentence is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant through the same method 25,282,50 won through a total of 167 times under the circumstances leading to the transaction of goods on the Internet. In light of the background, frequency, method, and content of the crime, the damage scale, etc., the nature of the crime is not good, and there is no agreement with the majority victims over a considerable period of time up to the trial, and considerable damage is not recovered, and there is a history of criminal punishment on several occasions due to the fraud of the same Act. In particular, the Defendant was sentenced to imprisonment with prison labor for six months on September 2013, and on February 14, 2014, the above judgment became final and conclusive. The Defendant committed some of the crimes while under the above judgment was committed, and even during the period of suspended execution, and there is a high possibility of criticism.

The defendant's act of fraud listed in No. 1 through No. 10 of the List 2 of the Crimes committed in the annexed Table 2 of the judgment of the court below is a crime committed on February 14, 2014 and a concurrent crime under the latter part of Article 37 of the Criminal Act, which became final and conclusive on February 14, 2014, in which the punishment should be determined in consideration of equity and cases to be judged at the same time under Article 39 (1) of the Criminal Act, the economic situation of the defendant is difficult, and there are family members

In each of the above circumstances, the defendant's age, character and conduct, environment, family relationship, motive, means and result of the crime.

참조조문

-형법 제39조 제1항

유사 판례

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