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(영문) 서울서부지방법원 2017.07.06 2017노430
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the grounds for appeal, the court below asserted that the defendant's punishment declared by the court below against the defendant (ten months of imprisonment) is too unreasonable, and the prosecutor asserts that it is too unfied and unfair.

2. The crime of this case was committed by deceiving a trading partner on the Internet homepage used by many unspecified persons, and the crime of this case was committed with a heavy punishment as it disturbs the order of electronic commerce, and leads a large number of victims, and thus, requires strict punishment. The defendant continued to repeat the same crime of fraud even though he was found to have committed a part of the crime of some fraud, the victims' damage was recovered only by not later than the judgment of the party (Article 2 million won), and the fact that the agreement was not reached is unfavorable to the defendant.

However, in full view of all the circumstances that the Defendant led to the confession of each of the crimes in this case and reflects his mistake, the Defendant’s age is relatively relatively short, there is no criminal conviction exceeding the fine, the Defendant is treated due to shock adjustment disorder, and other circumstances that form the conditions for sentencing as indicated in the argument in this case, the sentence of the lower court is deemed appropriate, and it cannot be deemed that the sentence is too heavy, or that it is too unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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