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(영문) 대전지방법원 2015.08.13 2015노142
사기
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 8 months and 2 years of suspended execution) is deemed to be too uneasible and unfair.

2. The crime related to the fraud of goods through the judgment Internet requires strict punishment as a crime of great social harm, such as undermining the trust and transparency of online transactions, and harming many victims. Even before the instant case, even though there was a history of punishment (five times a fine) for the crime related to the fraud of goods through the Internet, the Defendant repeats such crime against many unspecified victims, etc. are disadvantageous to the Defendant.

However, there are extenuating circumstances, such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and various sentencing conditions according to the sentencing guidelines of the Supreme Court for each of the crimes of this case, including Defendant’s age, character and behavior, environment, motive and consequence of the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court for each of the crimes of this case from 6 months to 16 months in imprisonment, 1 year and 6 months in prison, 1 year and 6 months in general fraud type, 1 (less than KRW 100,00), 1 years in general fraud type (in cases where a penalty is not imposed or has not been agreed upon with the victims), 1 years in order to obtain the qualification of an adjoining engineer at the Korea Luxembourg University after this case, and 1 years in case where the Defendant again takes account of the following facts: the Defendant’s school at the Korea Luxembourg University, and 2 years in case where the victim’s parents complained of the defendant’s preference against the victims, or many unspecified victims, or substantial reasons (6 months).

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