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(영문) 서울남부지방법원 2013.08.22 2013노1033
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (eight months of imprisonment) is too unreasonable.

Therefore, it is true that there are many circumstances that can be considered for the defendant, such as the fact that the defendant recognized all of the crimes in this case and divided his mistake in depth, that the defendant's age has yet to grow in a poor and poor environment, that is, the whole academic background of the retirement from high school, that is, the economic situation of the defendant's family, and that the health condition of the defendant's mother is not good.

However, despite the fact that the defendant committed each of the crimes of this case even though he had the history of being too much punished for the same kind of crime, it seems that there is no agreement between the victims as well as there is no possibility of agreement because he did not recover damage to the victims, and the act of using goods through the Internet such as the crime of this case does not cause economic and mental suffering to the victims who have obtained the defrauded, but the crime is very poor as it harms the order of electronic commerce through the Internet widely used as a part of today's universal commercial transaction, the court below has determined the punishment by considering the other facts favorable to the defendant, the amount obtained by the defendant, the number of victims, and there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the court below, and all other circumstances that form the conditions of the arguments and the records of this case, such as the defendant's character and behavior, environment, motive, means and result of the crime, and the circumstances after the crime, etc., even if all the circumstances asserted by the defendant and defense counsel, the court below shall be considered.

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