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(영문) 청주지방법원 2016.02.19 2015노1496
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (4 months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant appears to have committed the instant crime in a net manner and committed the instant crime in depth.

In addition, the number of crimes committed by one defendant is limited to three times, and the amount of damage is not significant, etc. shall be considered favorable to the defendant in the course of the determination of the punishment against the crime in this case.

However, the instant crime was committed by deceiving about 490,00 won from the victims by means of the so-called “China country” fraud, which receives money in the name of the price for goods from the other party by posting a statement to the effect that the Defendant sells the pertinent goods without the intention to send the goods.

On July 3, 2015, the Defendant was sentenced to two years of suspended sentence (the above court 2014 High Court 1,508, etc.) for the commission of the same law at the Cheongju District Court on June 3, 2015, and the above judgment became final and conclusive on July 11, 2015. Meanwhile, the Defendant committed the same law four times from July 4, 2015 to July 9, 2015, which was the period from July 4, 2015 to July 13, 2015, and received a summary order of KRW 3 million of a fine on October 13, 2015 (the above court 2015 High Court 6261), but it appears that the Defendant committed the instant crime repeatedly without being under the suspension of execution or criminal proceedings, and it is not unreasonable for the Defendant to have committed the instant crime.

In addition, the defendant has been subject to criminal punishment of about six times until now (including a suspended execution once).

In addition, the favorable circumstances mentioned above have already been fully reflected in the judgment of the court below.

In addition, in full view of the following circumstances: Defendant’s age, sex, intelligence and environment, relationship to victims, motive, means and consequence of the commission of the crime, various conditions that are conditions for sentencing, such as the circumstances after the commission of the crime, and the scope of recommended sentencing guidelines applicable to the instant crime.

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