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(영문) 창원지방법원 2016.11.09 2016노1773
사기
Text

1. The part of the judgment of the court below excluding the compensation order against theO as the applicant for compensation shall be reversed.

2. The defendant shall be punished by imprisonment.

Reasons

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

2. Determination

A. Each of the crimes of this case regarding the defendant's assertion is that the defendant pretended to have sold goods by accessing the Internet site and received money as a price for goods from many unspecified victims for a long time, and the crime is not very good in light of the methods and frequency of crimes, the number of victims, and the amount of total defraudation, etc., and there is a record of having received juvenile protective disposition several times due to the same crime (the defendant committed a part of the crime even during juvenile protective disposition), and the defendant committed a crime continuously without being aware of even after the request for detention warrant was dismissed due to some of the crimes.

However, it is more favorable to the Defendant’s confession of all of the crimes of this case and reflects the Defendant’s mistake in depth, and the Defendant’s side repayment of or agreement on the amount of damage to most victims, and the Defendant’s family members are leading to the Defendant’s birth of the Defendant’s wife, and the Defendant has no record of criminal punishment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, and other various sentencing conditions shown in the records and arguments, the sentence imposed by the lower court is deemed unreasonable.

Therefore, the defendant's assertion of unfair sentencing is justified.

B. We examine ex officio the part concerning the compensation order among the judgment below regarding the compensation order.

The lower court ordered the Defendant to pay the amount equivalent to the amount of money obtained by deceitation to C, D, E, F, G, H, I, J, K, L, M, N, P, Q, and R, an application for compensation.

However, above.

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