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(영문) 대구지방법원 2017.10.27 2017노3551
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The crime of this case is committed by a criminal defendant who acquired money from an unspecified or a large number of victims on the Internet market by iceizing the sale of goods, and in light of the method and frequency of the crime, etc., the crime of this case is inferior, and the criminal defendant committed the crime of this case without being aware of even though he had been in the period of suspension of execution for the same crime, and the crime of this case was committed while the trial of this case is in progress.

On the other hand, the fact that the defendant recognized the crime of this case and reflected, that the defendant paid 5060,000 won to 18 of the 31 victims, agreed with the above victims, and that the amount of personal defraudation against each victim is relatively small.

In full view of the above circumstances and other conditions of sentencing as indicated in the pleadings of this case, such as the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence, etc., the lower court’s punishment cannot be deemed as too somewhat somewhat somewhat weak or unreasonable.

Therefore, each argument by the defendant and the prosecutor is without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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