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(영문) 광주지방법원 2019.06.25 2019노889
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment and fine of KRW 1,00,000) of the lower court is too unreasonable.

2. The instant crime is largely classified into the Internet goods fraud and the Bosing fraud.

All of the instant crimes are recognized by the Defendant, and in the event of the Internet goods fraud crime, the amount of damage by each victim is relatively small, and the profits acquired by the Defendant due to the Bosing phishing fraud cannot be said to be large.

However, even in the past, the Defendant had been punished several times for the same type of fraud as the instant case, but not only committed the instant Internet goods fraud by using the same several methods during the repeated crime period, but also took part in the instant Internet goods fraud crime.

Considering the fact that the defendant repeats the same form of crime against many victims, and that personal and social harm caused by the Bophishing fraud committed in a systematic and systematic manner is very serious, the defendant cannot be subject to strict punishment.

The defendant did not agree with the victims until the court of the trial, and there is no change in sentencing conditions that will be specially considered in the trial compared with the original judgment.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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