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(영문) 의정부지방법원 2015.11.18 2015노2476
사기
Text

The defendant's appeal is dismissed.

The defendant shall obtain money of 150,000 won from P who is an applicant for compensation, and W who is an applicant for compensation.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable;

2. The fact that the defendant recognized all of the crimes and reflected in the judgment, that the defendant had no record of being subject to the punishment exceeding the fine since 2008, and that the father of the defendant wanting to be the wife is favorable to the defendant.

However, the crime of this case is committed by deceiving money from an unspecified number of unspecified victims under the name of sale proceeds by posting false comments on the Internet, and it is not good to form a crime in light of the Criminal Acceptance Act and the subject of the crime. The crime of this case is not less than 1 year and 2 months, the victim's 53 persons and the victim's 8.5 million won in total, and the damage amount is not less than 8.5 million won. Nevertheless, the victims have not been recovered most of the victims. Some of the crimes of this case constitute a repeated crime. The crime of this case is committed as a repeated crime, and the motive, process, method, and result of the crime, the circumstances after the crime, the criminal records, the criminal records, the environment, etc., and the sentencing guidelines of the Supreme Court and the sentencing guidelines of the Supreme Court (the punishment of fraud crime group, general fraud type (less than 100 million won), the aggravated area (specific person: imprisonment with prison labor for an unspecified person or for a considerable period of time) cannot be deemed unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that there is no ground for appeal by the defendant, and the application for a compensation order by P, an applicant for compensation raised in the trial, and the application for a partial compensation order by W, which is reasonable, shall be determined as per the disposition by accepting it in accordance with Articles 25 (1) 1 and 31 (2) and (3)

However, the judgment of the court below.

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