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(영문) 광주지방법원 2016.05.03 2016노469
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The Defendant’s age was lower, and in the first instance, the victims of fraud were recovered from the injury.

On the other hand, however, the crime of fraud in this case is likely to undermine the trust of sound electronic commerce against many and unspecified persons on the Internet, and thus, it is highly harmful to society as a whole.

Large amount of illegal sports gambling by the defendant, and illegal transfer of the passbook for the purpose of using it in the game item transaction is also likely to be criticized.

In this context, when considering the recidivism of juvenile protective disposition and criminal punishment several times due to the previous crimes, such as fraud, it is inevitable to sentence the defendant as a sentence.

Considering these circumstances, in light of various circumstances, including the Defendant’s age, sex, environment, and circumstances after the crime, it is not recognized that the lower court’s imprisonment with prison labor for a period of eight months is too uneasible and unfair.

Therefore, the defendant's appeal is without merit.

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 decided as per Disposition.

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