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(영문) 청주지방법원 2013.11.01 2013노591
사기등
Text

The judgment below

The remainder of the compensation order, excluding the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The criminal act of fraud of this case committed by the defendant with the judgment on the grounds of appeal is a situation unfavorable to the defendant, such as: (a) deceiving a majority of unspecified persons as if he were to sell things to the general public; and (b) deceiving the proceeds by deceiving them through anonymousness of the Internet; (c) making use of the proceeds; (d) making it very good that the crime of fraud of this case was committed; (c) opening a cell phone in the name of another person; and (d) opening a cellular phone in another person; and accessing another person’s Internet site; and (e) committing the crime of forging and uttering private documents and infringing on information and communications networks in order to acquire money systematically from victims; and (e) selling the cell phone installed as above and stolen cell phone immediately and taking profits; (e) repeating the criminal act despite the fact that he had been punished several times as criminal acts of the same kind of law, and had been investigated by an investigative agency;

On the other hand, the defendant is in conflict with each other in depth of the crime of this case, and both the investigative agency and the court below agreed with the victims of the larceny, and the 15 victims of the fraud were repaid to 45 victims (one of them was partly repaid to one of them, and an application for compensation was accepted at the court below for the remaining damages, and an application for compensation was accepted for one of the victims who did not make the reimbursement, while an application for compensation was accepted in the court below for the damages). It is favorable to the defendant.

Therefore, in light of the above circumstances and the various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relation, motive and circumstance of the crime, and circumstances after the crime, the court below's punishment (one year and four months of imprisonment) is deemed to be too unreasonable.

2. Conclusion.

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