(영문) 전주지방법원 2018.10.12 2018노843 | 리걸엔진

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자간(%)

(영문) 전주지방법원 2018.10.12 2018노843

사기

Text

The defendant's appeal is dismissed.

The defendant pays 630,000 won to the applicant X.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (10 months of imprisonment) is too unreasonable.

2. It is recognized that the Defendant’s determination of the Defendant’s wrongful assertion of sentencing is against the mistake while recognizing all the instant crimes from the investigation stage.

However, the crime of this case was committed by deceiving a number of victims who did not intend to sell goods on the Internet, and by deceiving them as price for goods. The crime of this case was committed in light of the method and frequency of the crime, the number of victims, and the number of victims. Nevertheless, the damage was not completely recovered until the trial. The defendant committed the crime of this case when he was placed under the suspension of the execution of imprisonment with prison labor for the same crime, and the defendant committed the crime of this case more than two months. In addition, taking into account the defendant's age, sex, environment, circumstances, means and consequence of the crime, and all of the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, environment, means and consequence of the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's assertion is groundless.

3. According to the evidence duly adopted and examined by the lower court regarding the application for compensation by the applicant for compensation, the Defendant is found to have acquired 630,000 won from the applicant X. Therefore, the Defendant is obligated to pay 630,000 won by defraudation to the applicant.

4. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the defendant's application for compensation raised in the trial at the court is well-grounded, it is decided to accept it in accordance with Articles 25 (1) 1, 31 (1), 31 (2) and (3) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. It is so decided as per Disposition.

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