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(영문) 인천지방법원 2017.05.19 2017노279
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is recognized that the Defendant recognized all of the instant crimes and reflects his mistake, and that the amount of defraudation is not significant in 2,528,000 won.

However, the crime of this case is not likely to cause damage to the soundness of online trading order and damage to the bona fide victims in that the defendant, as if he sells the contact diskettes, etc. through the online sales site, received the payment from 33 victims and did not actually supply the pertinent goods. Accordingly, the crime of this case is heavier in that it damages the soundness of online trading order and helps the victims in good faith.

The defendant has a large number of criminal records of the same kind, in particular, even though he/she was in the period of repeated crime, and at the same time, he/she is more likely to be criticized for the crime of this case under the same law as the previous one only one month after the execution of punishment has been completed

Moreover, the victims did not recover from the victims until they were in the first instance.

In full view of the aforementioned circumstances and the sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, character and conduct, motive for committing the crime, and circumstances after committing the crime, the scope of the recommended sentence (one year to three years and nine months) according to the sentencing guidelines set by the Supreme Court’s sentencing sentencing committee (the type of imprisonment with prison labor) / [the determination of types and the amount less than KRW 100 million based on the aggregate amount of benefits according to the standards for handling multiple offenses, since the defendant is a concurrent crime among general frauds] of the type 1 (the determination of types and the amount of benefits according to the standards for handling multiple offenses, and the amount less than KRW 100 million): In the event that the defendant committed the crime against an unspecified or large number of victims, the same type of repeated crime [the scope of the recommended punishment and the recommended punishment] of special aggravated crimes, the sentence that the court below selected the lowest limit within one year to three years and nine months

Therefore, the defendant's assertion is not accepted.

3. Conclusion.

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