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(영문) 전주지방법원 2015.09.25 2015노863
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The crime of this case is deemed to have been committed by deceiving the victims who have expressed their intent to purchase goods on the Internet website without any intention or ability to sell the goods, and the nature of the crime is not less than that of the crime by deceiving the victims who have expressed their intention to purchase the goods, and taking account of the fact that the Defendant had been subject to criminal punishment several times due to the crime of fraud, and that the Defendant committed the crime of this case again during the period of repeated crime due to fraud, it is necessary to punish the Defendant strictly.

However, in light of the fact that the Defendant led to the instant crime and made a mistake against the Defendant, that the amount of defraudation caused by the instant crime is not much high, that the Defendant made efforts to recover damage by repaying the amount of damage to the victim D and C and by mutual agreement, and that all the sentencing conditions specified in the instant argument, including the Defendant’s age, character and conduct, and family environment, are considered, it is not recognized that the sentence of the lower court is too unreasonable.

Therefore, prosecutor's assertion is not accepted.

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

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