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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2013.12.19 2013노1692
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Crimes such as mistake of facts in each of the facts charged in this case are only the sole offense of I, and there is no fact that the defendant participated.

Nevertheless, the court below found the defendant guilty of each of the facts charged in this case. The court below erred by misunderstanding the facts and thereby affecting the conclusion of the judgment.

B. Not on the basis of unreasonable sentencing

Even if the court below's sentence (three years of imprisonment) imposed on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, the defendant assaulted I as stated in the facts charged of the assault of this case and conspired with I to commit each crime of fraud, fabrication of private documents, uttering of a falsified document, and unlawful uttering of official document as stated in the remaining facts charged of the assault of this case can be sufficiently recognized.

Therefore, the judgment of the court below that convicted the defendant of each of the facts charged in this case is just and acceptable, and it cannot be said that there was any error affecting the conclusion of the judgment by misunderstanding the facts as alleged by the defendant and his defense counsel. Thus, the defendant and his defense counsel's assertion is without merit.

B. Despite the fact that the defendant had been sentenced twice or more as a criminal act of the same kind, even though he had been sentenced to two times as a criminal act of the same kind, he committed each of the crimes of this case during the repeated crime period, the victims did not recover damage to the victims and did not reach an agreement with the victims. The act of price taking advantage of goods through the Internet, such as the crime of this case, does not mean that it causes economic and mental harm to the victims who have obtained by deception, but it is a crime that harms the order of electronic commerce through the Internet widely used as a part of today's universal commercial transaction.

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