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(영문) 광주지방법원 2016.07.12 2016노1346
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal (one year of imprisonment) by the lower court, the Defendant asserts that it is too unreasonable for the Defendant to be sentenced to imprisonment, while the Prosecutor appealed to the lower court by asserting that it is too unfasible and unfair.

2. It is recognized that the Defendant had been punished five times by a fine for the same type of fraud in 2014 and 2015, and that even after being investigated or tried for the above crime, the Defendant did not stop the crime of deceiving the transaction price in disguise of the sale of the Internet goods to an unspecified number of unspecified persons, and thereby, acquired the sales proceeds exceeding 1,700 times through 69 times, and did not make efforts to recover particular damage to the victims.

On the other hand, while the defendant was working in a factory on August 2014, it seems that the defendant suffered from an accident that cut off, which affected the crime, some of the victims do not want to be punished by the defendant, and the defendant is a relatively old elderly in society.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, sex, and circumstances after the commission of the crime, the argument regarding the sentencing of the Defendant and the Prosecutor is difficult to accept.

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

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