logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.01.10 2018노4017
사기
Text

The defendant's appeal is dismissed.

An order for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The crime of this case was committed by the Defendant by deceiving 11,93,00 won over 65 times by posting a notice to sell contact diskettes on the Internet website. Such fraud was committed by disturbing the order of electronic commerce, and thus, requires strict punishment.

The defendant has been sentenced to criminal punishment twice for the same crime, and the victims have not recovered from damage.

There is no new change in circumstances that may change the sentence of the court below in the trial, and taking into account the sentencing conditions, including the defendant's age, living environment, and motive of crime, and the range of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Pursuant to Article 26(1) of the Act on Special Cases concerning the Promotion, etc. of Litigation regarding Application for Compensation Order at the Party, the victim shall file an application for compensation order until the pleadings at the court of first instance or the court of second instance are concluded. An application for compensation order at the Z shall be filed on or after December 13, 2018, which is the date of the closing of argument at the court of first instance, and shall be unlawful.

4. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and with respect to an application for remedy order for BZ as the applicant for compensation, it shall be dismissed in accordance with Article 32 (1) 1 and Article 26 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

arrow