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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for one year.
seizure.
Reasons
1. The decision of the court below against the defendant on the summary of the reasons for appeal (one year and two months of imprisonment) is too unreasonable.
2. In light of the fact that the Defendant had been punished several times for the same kind of crime in the past, the number of the crimes in this case is majority, and the total amount of damage is the maximum amount if the individual case is removed, but the total amount of damage is above 16 million won. In the case of fraud using the Internet, among the crimes in this case, it is necessary to strictly punish the Defendant in light of the fact that the order of electronic commerce is disturbed and the trust between users is lost (the Defendant used an account which is not his own name).
However, in full view of all the sentencing conditions shown in the arguments of this case, including the fact that the defendant recognized and reflected all the crimes of this case, the fact that the defendant agreed with some victims in the original trial and the trial court, the fact that the defendant seems to have a intellectual obstacle to the defendant, and the relation with the victims, the motive and means of the crime, and the circumstances after the crime, it is recognized that the punishment sentenced by the court below is unfair.
Therefore, the defendant's argument is justified.
3. In conclusion, the part of the judgment below against the defendant among the judgment below pursuant to Article 364 (6) of the Criminal Procedure Act is reversed, and the defendant's appeal of this case is again decided as follows.
[Judgment used again against the defendant] The criminal facts and summary of the evidence recognized by the court and the summary of the evidence are the same as the corresponding column of the judgment below against the defendant. Thus, they are cited as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 331(2) and Article 331(1) of the Criminal Act (special larceny) on criminal facts; Articles 347(1) and 30 of each Criminal Act (credit card).