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(영문) 춘천지방법원 강릉지원 2016.10.13 2016노285
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., one year of imprisonment) is too unreasonable.

2. The fact that the Defendant recognized all of the instant crime and the amount of damage by each victim is relatively large is favorable to the Defendant.

On the other hand, the crime of this case is committed by the defendant by deceiving many unspecified victims through sales of goods on the Internet, and the nature of the crime is poor in light of the method and frequency of the crime, etc. of the crime, and most of the defendants committed the crime of this case to raise the Internet gambling fund. Furthermore, the victims' damages have not yet been recovered, the victims have not yet reached an agreement, and the defendant has been punished several times due to frauds due to the same veterinary method, and in particular, even though he was punished one time during the period of suspension of execution due to the same veterinary act, the crime of this case has been repeatedly committed, and other various circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., which are the conditions for the punishment of this case, are too inappropriate.

Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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