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(영문) 광주지방법원 2013.12.13 2013노2069
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

An application for compensation of AX, which is an application for compensation in the trial of the party, is dismissed.

Reasons

1. Summary of grounds for appeal;

A. When considering various circumstances against the defendant, the punishment of the court below (one year and six months of imprisonment) is too unreasonable.

B. In light of the fact that the victims of the instant fraudulent crime committed by the prosecutor were 560 persons and the amount of damage exceeded KRW 1 billion, and that there is still no agreement with many victims, the lower court’s punishment is too uneasible and unreasonable.

2. The judgment of the court below and the court below made some efforts to recover damage by mutual agreement (the total amount of damage related to the agreed victims seems to be KRW 273,646,367) with some victims of the crime of fraud of this case. The defendant sold merchandise coupons at discounted prices from the victims, and 419,794,388 won out of the total amount of KRW 1,010,875,50, which was transferred to the victims to sell merchandise coupons, using merchandise coupons in actual purchase of merchandise coupons, deliver merchandise coupons corresponding thereto to the victims, and the defendant operated merchandise coupon purchase agency shopping mall and operated shopping mall, which led to the crime of this case due to business deterioration.

However, the crime of fraud of this case was committed after the defendant opened the Internet shopping mall and advertised that he would sell various merchandise coupons at low prices, and then acquired money from the victims, and the crime was committed against many unspecified persons, and it is not good to form the crime. In addition, the defendant paid the money for the Internet shopping mall company that he operated and used such fraudulent fact by making it entered in the commercial register, and even if the number of victims of the crime of fraud of this case is about 560 and the amount of damage was not delivered, it reaches about 591,081,112 won in total, and even if it is considered that the amount of damage was not delivered, it is agreed with the defendant that the amount of damage remains much more than 30 million won.

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