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(영문) 서울동부지방법원 2014.09.05 2014노956
상습사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against the defendant (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year of imprisonment) sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. The crime of this case is determined by the following facts: (a) the Defendant, even though having no intention or ability to sell the goods habitually, took out a writing as if he were to sell the goods on the Internet website and acquired money from the victims under the name of the price; (b) the method of crime is planned; (c) the frequency of crime is considerably more than 17 times; (d) the nature and circumstances of the crime are considerably insufficient; and (e) the Defendant was punished for fraud with the same method and contents as the crime of this case from 2006 to 2010; (c) the Defendant committed the crime of this case without being familiar with the victim during the period of repeated crime; (d) the Defendant did not receive a letter of age from the victims or recover damage therefrom; and (e) the Defendant did not appear to have been able to have been able to have been able to have been able to grow up to 350,000 won in terms of family environment and health; and (e) the Defendant did not appear to have committed the crime of this case.

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