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(영문) 서울남부지방법원 2013.06.27 2013노671
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal by the Defendants is that each sentence (Defendant A: imprisonment of one year and three months, Defendant C: imprisonment of one year and one million won, and Defendant B: fine of five million won) declared by the lower court is too unreasonable.

Therefore, as if Defendant A and Defendant C sell a mobile phone to an unspecified number of unspecified people through the Internet, the amount of money obtained through deception (the amount equivalent to KRW 18.66 million, KRW 19.1970,000) is not much much, and the number of victims (the number of Defendants A and C is 59, and KRW 32,000) is also much. Nevertheless, there is no agreement with the victims because damage to victims is not recovered, and the crime of taking goods through the Internet as above does not cause economic and mental pain to the victims. It does not mean that the crime of taking goods prices through the Internet is likely to damage the order of electronic commerce through the Internet widely used as part of today, and it is very poor in quality of the crime. In light of the following circumstances, Defendant A has stolen 10 cellular phone in case of Defendant A, and KRW 8430,000,000,000 from their age two times, and Defendant B did not have any special character of imprisonment with prison labor or changes in circumstances that could be considered in the environment of Defendant B.

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