logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2015.10.22 2015노4496
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The fact that the Defendant could be deemed to have committed the instant crime because of the economic difficulties at the time, and that it is difficult to view that the victims suffered individual damages due to the instant crime, and that equity with the expected sentence should be taken into account when the Defendant was punished together with the instant crime and the judgment, and that his mistake is divided and reflected, are favorable to the Defendant.

However, the Defendant committed the instant crime repeatedly in a similar way during the repeated crime period despite having been punished by imprisonment with prison labor due to a crime of the same kind, etc. on around 2011. The instant crime was committed by the Defendant by means of a repeated crime even though he/she had been punished by imprisonment with prison labor due to fraud, etc. on the Internet goods transaction site. The instant crime was committed by the Defendant as if he/she had sold the relevant goods to many unspecified victims normally through the Internet goods transaction site in a short term, and it is not appropriate to the criminal law and the nature of the crime, such as receiving the amount equivalent to the price of the goods from the victims and receiving the amount of the goods from the victims, and it appears that most of the money acquired by the Defendant would have been raised by gambling funds, entertainment expenses, etc., the victims have not been recovered properly, and the Defendant’s age, environment, personality and conduct, etc. are difficult to deem the sentencing of the lower court too unreasonable.

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

arrow