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(영문) 청주지방법원 2017.01.20 2016노1340
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 lower court determined the Defendant’s punishment by taking account of the following circumstances confirmed through the entire records and the purport of the pleading.

The favorable normal circumstances: ① the defendant acknowledges the crime of this case; ② the defendant has no criminal record of suspended execution or more; ② the defendant committed the crime of this case against many unspecified victims even though there have been several criminal records on the same kind of crime, ② the amount of damage is reasonable and the damage is not completely recovered; ② the crime of fraud of this case 60 recommended goods is the victim's money by malicious deception, and there is not only damage to each victim, but also strict punishment is required in terms of the trust in electronic commerce and the degree of undermining the overall trust in our society.

In the instant crime, the Defendant committed an intelligent crime, such as lending the account from many other persons to the account to receive money from the victims, using several undiscloseds to avoid reporting by the victims, and informing the victims of the number of fake transport numbers to know the other party to the transaction.

Comprehensively taking into account the statutory penalty, the scope of applicable sentences, and other matters that are conditions for sentencing, the determination of the lower court’s sentencing exceeded the reasonable bounds of its discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

Therefore, the defendant's double punishment cannot be accepted.

3. 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. It is so ordered.

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