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(영문) 광주지방법원 2016.01.07 2015노3087
사기
Text

The defendant's appeal is dismissed.

Reasons

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

Judgment

It is a favorable sentencing factor for the defendant, such as the fact that the defendant is both aware of the crime, the recovery of some damage, the fact that some victims do not want the punishment against the defendant, and that the defendant has no criminal record of suspended sentence or more.

However, the Defendant’s fraud committed against an unspecified number of unspecified persons on the Internet website constitutes a crime that disturbs the order of electronic commercial transactions, and thus requires strict punishment. The victims of the instant crime are many 14 persons, the Defendant escaped after the prosecution was instituted in the course of fraud, and continuously committed the crime of fraud during that period, and the Defendant already committed the crime of fraud. It is considered that the lower court determined the punishment by fully considering the circumstances favorable to the Defendant. The lower court seems to have not changed the circumstances favorable to the Defendant. The lower court did not change the circumstances that would have different from the judgment of the lower court, and the scope of recommended sentencing according to the sentencing guidelines of the Committee [the scope of punishment materials on the instant crime, including the background of the instant crime, circumstances after the crime, the Defendant’s age, sexual behavior, environment, etc., as well as various sentencing materials on the arguments such as punishment, and the scope of recommended sentencing according to the sentencing guidelines of the Committee (the aggravated area of punishment of less than KRW 100,000: Imprisonment with prison labor for one year and two years and six months]. Therefore, the Defendant’s assertion is not justified.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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