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(영문) 서울서부지방법원 2014.06.12 2014노42
사기등
Text

All parts of the judgment of the court below against Defendant B shall be reversed.

Defendant

B Imprisonment with prison labor and fines of KRW 300,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of imprisonment) is unlimited and unfair.

B. Each sentence of the lower court (one year of imprisonment with prison labor of the first instance court, one year and six months of imprisonment with prison labor of the second instance court, and three hundred thousand won of fine) is unreasonable.

2. The judgment on Defendant A’s appeal has several criminal records including the same criminal power, and the Defendant committed the crime of this case again within the repeated crime period that has not yet passed since the sentence was sentenced to the same criminal act on November 2012 and the execution of the sentence was completed. The crime of this case is deemed to be unfair by the lower court’s punishment on the following grounds: (a) the crime of this case is deemed to have been committed by deceiving many unspecified victims through deceiving about 120 times by pretending the sale of the Internet goods; (b) the victim is the majority and the amount of damage reaches a considerable amount; (c) the agreement or the repayment of damage was not made until the trial was made; and (d) there was no effort to recover the damage; and (e) other various sentencing conditions as shown in the records and arguments, such as the course and means of the crime of this case, degree of damage, the circumstances after the crime, Defendant’s career, and the environment, etc., are considered.

Therefore, the appeal by the defendant A is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.

On the other hand, an application for compensation order filed in the first instance is dismissed in accordance with Articles 25(3)3 and 32(1)3 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, since the scope of liability for compensation is not clear.

2. Prior to the judgment on the grounds for appeal as to Defendant B’s appeal, the first and second court rendered a separate examination and rendered a judgment of conviction as to Defendant B, and then rendered a separate examination as to the defendant’s appeal, and the court decided to hold the above appeal case together with other appeals cases.

However, each crime of the first and second judgment against Defendant B is committed.

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