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(영문) 창원지방법원 2021.02.17 2020노3204
사기등
Text

The defendant's appeal is dismissed.

The defendant pays 9,50,000 won to X for the compensation of the trial.

Reasons

1. The summary of the grounds for appeal (defendants) of the lower court’s punishment (each of the offenses in the 2019 order, 1835, 2020 order and 3562 order: Imprisonment with prison labor for four months, suspended execution for two years, and 200 order and 3485 order respectively: Imprisonment for six months) is too unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings a large number of unspecified victims as if they were sold goods on the Internet, by receiving money as a price for goods, and the defendant engaged in entertainment and sexual traffic with workers engaged in entertainment, and the crime is considerably poor, and the defendant has been punished several times due to fraud in the same veterinary law, and the defendant committed fraud in the same veterinary law at the same time, even though he/she had been under suspension of execution, and the damage recovery has not been taken.

On the other hand, the fact that the defendant is attempting to commit each of the crimes in this case and is against the defendant, and some of the crimes should be considered in relation to the concurrent crimes in the latter part of Article 37 of the Criminal Act with the crime for which judgment has already become final and conclusive, and the equality with the case to be judged concurrently

In full view of the aforementioned circumstances and other factors of sentencing as shown in the instant argument, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's argument of sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and the defendant's appeal is dismissed in accordance with Article 364 (1) and Article 31 of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., order the defendant to pay the defendant money by deceit to X for the defendant, and dismiss the application for compensation order for the defendant's compensation which is filed after the closure of the trial proceedings at the court below pursuant to Articles 32 (1) 1 and 26 (1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation.

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