(영문) 서울북부지방법원 2018.04.26 2018노107

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(영문) 서울북부지방법원 2018.04.26 2018노107

사기

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The judgment below

Of them, the part concerning the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below against the defendant on the summary of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant was punished by a fine for the same type of crime in 2017 (see, e.g., Supreme Court Decision 2017Ma40666 Decided the grounds for appeal) and the amount of damage per individual case itself is significant.

In light of the following facts: (a) the sum of the crimes is imminent to KRW 20 million; (b) the number of crimes reaches KRW 82,00,000; (c) the Defendant simply committed the instant crime to raise the Internet gambling fund; (d) the Defendant, like the instant crime, requires strict punishment in terms of disturbing the order of electronic commerce and making the users lose trust; and (e) the Defendant continues to commit the instant crime without any specific criminal liability while being investigated or tried for some of the instant crimes (the Defendant was arrested on September 14, 201; and (e) the Defendant’s last crime was continued until 12:26 on the same day).

However, in full view of the fact that the defendant appears to recognize and reflect all of his criminal acts, additional repayment was made to the victims in the past, and accordingly, a considerable number of victims did not want to be punished against the defendant, there was no criminal record of a fine or a heavier punishment, the family members of the defendant want to take the lead of the defendant, and the defendant's age, sex, conduct, environment, means and consequence of the crime, and all the sentencing conditions stated in the arguments of this case, including the circumstances after the crime, it is recognized that the punishment imposed by the court below is somewhat unreasonable.

Therefore, the defendant's argument is justified.

3. In conclusion, the defendant's appeal of this case is reasonable, and thus, among the judgment below in accordance with Article 364 (6) of the Criminal Procedure Act.

유사 판례

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-서울북부지방법원 2019.02.14 2018노2003

-서울중앙지방법원 2017.09.01 2017가합510206

-서울북부지방법원 2018.07.26 2018노909