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(영문) 광주지방법원 2021.02.03 2020노404
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (7 million won in penalty) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the original judgment in the appellate court, and the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The instant crime is very likely to be committed by committing so-called “the so-called “the fraud of the transaction of Internet goods,” in which the Defendant, although having no intent or capacity to sell the goods, sells goods on the Internet goods transaction site, by posting a letter to sell the goods on the Internet goods transaction site

The number of victims caused by the defendant's crime is eight, and the total amount of damage is about 12 million won.

The Defendant has already been punished for the same kind of crime, including several punishments, and two months have not yet passed since the completion of the execution of punishment for the same crime.

On the other hand, the defendant shows an attitude to recognize and reflect all his criminal acts, and both the money and the damaged goods acquired by the victims were returned.

The defendant committed the crime of this case in the course of gambling addiction, and is currently receiving medical treatment to escape from gambling addiction.

In full view of all the sentencing conditions as shown in the instant pleadings, including the above circumstances, including the Defendant’s age, sex, environment, motive, means, consequence, etc., the sentencing of the lower court exceeded the reasonable scope of discretion.

It does not appear.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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