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(영문) 수원지방법원 2016.10.07 2016노5170
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

The Defendant, among the applicants for compensation, shall (1) and (3).

Reasons

1. When an appeal is filed against the judgment of conviction of the scope of the judgment of this court, the confirmation of the compensation order shall be prevented, and the compensation order shall be transferred to the appellate court along with the defendant's case even though the defendant appealed only to the part of the judgment of the court below, and even if the defendant did not object to the compensation order, the part of the award of the compensation order against the applicant for compensation filed by the court below was not finalized and it was transferred to the appellate court.

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

3. The judgment of the defendant pretended to have a total of 3,00 won from 90 victims as if they were sold after accessing the trading site of used goods, and acquired a total of 3,00 won from them as the price of goods. In light of the method of crime, frequency of crime, the number of victims, the amount of damage amount, etc. committed repeatedly against many unspecified victims in a short period, the total amount of damage amount exceeds 30,000,000 won, and the damage amount to the trial was not recovered, and there was no agreement with most victims, and the defendant did not reach an agreement with most victims, and there was two times the past records of punishment for the suspension of the execution of imprisonment with prison labor and punishment by repeating Internet fraud crimes, and the defendant committed the crime of this case again during the period of repeated crime due to fraud, etc., the defendant continued to commit the crime of this case more than 10 times while being investigated by the police, and the defendant recognized that most of the damage occurred to the victim of this case as the crime of this case.

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