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(영문) 의정부지방법원 2017.11.21 2017노2644
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The Defendant, during the period of repeated crime due to the same crime, has obtained a total of 33,640,500 won from many unspecified victims through 70 times by inserting an article on the Internet's sales site of valuable goods. In light of the method of crime, the number of victims, and the amount of damages, etc., the crime is not good.

It is inevitable to punish the Defendant in light of the fact that the Defendant was sentenced to two years of imprisonment for fraud on November 4, 2015 and committed the instant crime on January 13, 2017 after the execution of the sentence was completed, and the Defendant committed the instant crime during the repeated crime period after the enforcement of the sentence was completed.

Up to the fact that most victims were unable to pay damages.

On the other hand, considering the facts that the defendant recognized his mistake as a whole and reflects on the depth, the fact that some victims have returned the defrauded money to the victim, etc., the circumstances constituting the sentencing conditions specified in the argument of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and the scope of recommended punishment according to the sentencing guidelines for the enactment of the Sentencing Committee / [the scope of recommended punishment / [the scope of recommended punishment / [one year to three years] of the special aggravation area (one year and nine months), [special aggravated person] of the special aggravation area (one year to nine months), or multiple unspecified victims, or repeated crimes for a considerable period, the sentence imposed by the court below is within the reasonable scope of discretion, in full view of the same repeated crimes, etc.

It can not be considered to be unfair because it is too big.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered as per Disposition.

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