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(영문) 광주지방법원 2019.09.19 2019노1501
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentence of the lower court (ten months of imprisonment) is too unhued and unreasonable.

B. The lower court’s punishment is too unreasonable.

2. The judgment of each of the instant frauds of this case is unfair because the Defendant, as if he were to sell personal punishment against the victims, obtained the amount equivalent to the sales proceeds by deceiving them as if they were to sell them, which disturbs the order of Internet commercial transactions and damages the trust of users, and thus is not good. In addition, the fact that the Defendant received the check card from H to use the said frauds, while the Defendant recognized the Defendant’s mistake and against it, and partly recovered the victims’ damage.

On the other hand, although the defendant agreed additionally with the victim AA, G, andO during the trial, the total amount of damage to the above victims is merely KRW 1850,000,000 and does not reach 1/10 of the amount of damage to each of the above fraudulent conduct in this case. The court below's sentencing guidelines in consideration of the fact that the

1. Scope of applicable sentences under law: One to thirteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Aggravation factors of crime No. 1 (Fraud) [Determination of Punishment] : General Fraud [Type 1] below KRW 100 million (Special Aggravation): Where a person commits a crime against unspecified or many unspecified victims or repeatedly commits a crime for a considerable period of time (the area of recommendation and the scope of recommendation), the area of aggravation of punishment [the area of recommendation and the scope of recommendation], one year and six months;

(b) Group 2 (Violation of the Electronic Financial Transactions Act) / [Determination of Punishment] Violation of the Electronic Financial Transactions Act / [Type 2] There is no person who commits a crime for the purpose of operating, organizing, or using a crime (a person who is specially punished] (the scope of recommendations and recommendations] basic area, imprisonment with prison labor for six months to one year;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for a period of one to three years (one-half of the upper limit of crimes No. 1) and imprisonment for a period of less than one year (one-half of the upper limit of crime No. 2), the circumstances and crimes of the instant crime.

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