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(영문) 서울남부지방법원 2016.03.18 2015노2082
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Taking into account the following factors: (a) the summary of the grounds for appeal: (b) the Defendant led to the confession of and reflect against the Defendant; (c) there is a family member to support the Defendant; (d) there is a astronomical disability not to return home to the right; and (e) the Defendant resulted in the instant crime due to economic lack; (b) the punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

2. Taking into account the circumstances alleged by the Defendant, the instant fraud means that: (a) the Defendant deceptions many unspecified persons repeatedly by using the website of used goods for a considerable period of time; (b) the number of victims is extremely poor; (c) the total amount of defraudation is not limited to KRW 8,122,00; and (c) the Defendant appears to have not made any effort to recover damage; (c) the Defendant repeats the instant crime even though he had the record of punishment for the same kind of crime; and (d) taking into account other various circumstances, such as the Defendant’s age, sexual behavior, intelligence and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the punishment imposed by the lower court does not seem to be unfair by being too unreasonable and excessive.

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 decided as per Disposition.

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