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(영문) 부산지방법원 2015.01.09 2014노4139
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The fact that the Defendant made a confession of the instant crime and recognized his mistake, the number of damages by each victim by the instant crime is relatively minor, and the total amount of damages is four million won and the degree of damage is not much excessive, and the Defendant is the most likely to support his wife, his children, and his daughters.

However, the Internet goods fraud crime of this case is a crime of deceiving a large number of victims by deceiving them to sell false goods on the Internet cameras in a planned way, etc. It is not very good to commit such crime. Furthermore, prior to the crime of this case, the defendant has been already punished several times due to the Internet goods fraud, etc. of the same number of laws as this case before committing the crime of this case, and has been punished several times due to habitual fraud, fraud, fraud, etc. In particular, the defendant was sentenced to a 1-year suspended sentence for 6 months on July 30, 2013 (not due to Internet goods fraud). Although the judgment became final and conclusive on August 7, 2013, the defendant was not aware of the crime of this case and has been repeatedly committed during the suspended period, and thus, there is a need to punish the defendant more strictly, considering the fact that the damage caused by the crime of this case has not been recovered, the circumstances leading up to the crime of this case and the circumstances surrounding the crime of this case, the defendant's age and character, etc.

3. In conclusion, the defendant's appeal is without merit and Article 364 (4) of the Criminal Procedure Act is not reasonable.

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