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The defendant's appeal is dismissed.
Reasons
1. The sentence of the lower court (one year of imprisonment) is too unreasonable.
2. The fact that the judgment defendant recognized the crime and reflecteds the mistake, there is no record of heavy punishment exceeding the fine, and the fact that part of damage to the victim C was recovered is favorable to the defendant.
However, the Defendant committed several types of fraud and larcenys against many victims to raise money for gambling, and the crime against victims C is not deemed to be unfair due to the failure of the lower court’s punishment, in full view of all other circumstances, including the Defendant’s age, sexual conduct, motive, means, and consequence of the crime, and the circumstances after the crime, etc., which are the sentencing conditions indicated in the instant records and arguments, as the crime was committed using personal trust relationship with the victim who promised to marry, and thus, the nature of the crime is bad; the crime was not eradicated; there is no need to strictly punish the crime committed by using the Internet site; there is no change in circumstances that should reduce the punishment in the first instance trial; and there is no change in circumstances that the punishment should be mitigated.
The above assertion by the defendant cannot be accepted.
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. It is so decided as per Disposition by the court below (see, e.g., Supreme Court Decision 200Da36446, Apr. 2, 200). However, each of the “victim” of the 18 acts and 3 10 acts is dismissed as “C”, and each of the “influences as to the “influence against the will of the manager of the cash withdrawal period as to the victim’