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(영문) 수원지방법원 2016.01.29 2015노3041
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. There are extenuating circumstances such as the confession and reflection of the defendant.

However, the crime of this case is not likely to be committed by deceiving the defendant as if he had sold the goods against many unspecified persons by using the Internet.

In addition, considering various sentencing conditions, such as the fact that the injured party was punished for the defendant, the two cases of the same kind, the age of the defendant, sexual conduct, background, criminal records, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

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