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(영문) 청주지방법원 2014.05.02 2014노205
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The fact that the defendant's judgment on the grounds for appeal of this case is against all of the crimes of this case is recognized, the fact that the crime No. 1, 2, and 3 of the judgment of the court below, and the crime Nos. 4 and 5 of the judgment of the court below should be considered in relation to the crime of this case as stated in the judgment of the court below, together with the crime for which the judgment of the court below became final and conclusive

However, the defendant had a record of being punished several times for the same crime; in particular, on December 28, 2012, one year of imprisonment with prison labor for the crime of fraud, two years of probation, and two years of probation, and the defendant committed some of the crimes of this case during the probation period; the defendant again committed the crime of fraud of the same kind of law even while being tried for the case of being sentenced to probation as above; and the crime of fraud of this case is a case of taking money from victims by deceiving money from the victims by falsely selling the goods on the Internet, and it is necessary to punish the victim as an act of disturbing the Internet commercial transaction and promoting the trust of transactions; the victim of the fraud is majority and the amount of damage is not sufficient; there is no other circumstance to deem that the victim did not reach an agreement with the victims until the trial court and was taking measures for recovery from damage; considering various circumstances such as the defendant's age, character and conduct, family relations, crime of imprisonment with prison labor, no more than 16th day of imprisonment with prison labor, no more than 36th day of May, no more than 16th day of the ruling.

2. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

However, among the judgment of the court below, the criminal facts in paragraph (4) are the victims.

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