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(영문) 서울북부지방법원 2019.02.14 2018노2265
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. There are no extenuating circumstances such as the Defendant’s home environment for determining the reasons for appeal.

However, it is necessary to strictly punish the crime of this case in terms of disturbing the order of electronic commerce and impairing trust among many and unspecified Internet users.

In addition, in the past, the Defendant was punished as a crime of fraud using the Internet funeral, as in the instant case, and even after being investigated on January 23, 2018, the Defendant continued to commit the remaining crimes without being able to do so, despite being investigated on January 23, 2018.

In addition, even if it is considered that there is no change in circumstances favorable to the defendant after the pronouncement of the judgment of the court below, the sentence of the court below is too unreasonable even if it is considered the conditions of sentencing as shown in the argument of this case, such as the age, motive of the defendant, and circumstances after the crime.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

(However, since it is clear that part of the list of crimes in the judgment of the court below was omitted, it shall be corrected by adding the same list as the attached Form 9 to the nine pages of the judgment below ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.

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