(영문) 인천지방법원 2017.06.08 2017노1004 | 리걸엔진

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Reasons

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(영문) 인천지방법원 2017.06.08 2017노1004

사기

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The defendant's appeal is dismissed.

The defendant pays 130,000 won to the applicant (favour) P.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is recognized by deceiving the Defendant to sell things that the Defendant did not have on the Internet, thereby deceiving approximately KRW 5,440,00 from the victims of about 35 victims, and it is recognized that the Defendant recognized the crime of this case and against the mistake.

However, since the crime of this case is planned and repeatedly committed against many unspecified victims, it is not very good in terms of the nature of the crime. The fraud crime using the Internet is highly harmful to society, such as impairing the trust in sound Internet commercial transactions, and spreading a large number of unspecified victims. The defendant has been punished several times under the same law, and the defendant has not been aware of it as a repeated crime of the same law, and the crime of this case was committed without being aware of it. Part of the crime of this case was investigated by the police in this case by the defendant and was investigated by the police in the first trial (on October 1, 2016, the first trial date of the first trial of the first trial of the first trial of the first instance court of the first instance of the first instance was about November 15, 2016), and the defendant's age, motive for the crime of this case, the motive for the crime of this case and other circumstances after taking into account the following circumstances.

3. According to the evidence duly adopted and examined by the lower court regarding the application for compensation order, the Defendant is obligated to pay KRW 1,30,000 to the applicant P for compensation, on the ground that it is recognized that the Defendant inflicted damage on KRW 1,30,000 upon the applicant P by fraud as stated in the criminal facts of 2016 senior group 69388 as stated in the lower judgment.

4. Thus, the defendant's appeal is without merit.

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