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(영문) 광주지방법원 2016.05.10 2016노819
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the other hand, the Defendant asserts that the Defendant was too unafford and unfair against the summary of the grounds for appeal (one hundred months of imprisonment, confiscation) by asserting that the Defendant was too unafford, and that the prosecutor was too unafford and thus unfair.

2. It is recognized that the defendant agreed with the victims of the instant crime or deposited the amount of damage, and there is no punishment exceeding the fine.

On the other hand, the defendant was punished three times only in 2015 by the same method of receiving transaction proceeds by pretending to the sale of Internet goods, and the defendant did not stop the criminal act of the same method despite being investigated or tried for the above crime, and ultimately, acquired the sales proceeds from 12.7 million won to 31 victims through the crime of this case.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the lower court’s sentence is inevitable, and the sentence is appropriate.

Therefore, when considering such factors, it is difficult to accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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