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(영문) 수원지방법원 2016.11.24 2016노6271
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

In light of the summary of the grounds for appeal by the defense counsel (unfair form of punishment) is against the Defendant’s mistake, and the Defendant suffered difficulties in living after withdrawal from the workplace on April 20, 2016, which committed the instant crime, and the amount of defraudation is relatively small, and the Defendant is a person with disabilities of class 2, it is unfair for the lower court that sentenced six months to imprisonment.

Judgment

The crime of this case is committed by deceiving a large number of victims as if they were to sell goods through 14 times at the Internet web site of used goods transaction. It is not good that the crime of this case is committed by deceiving them as if they were to sell goods to a large number of victims, and the damage is not affected by the trial. The defendant committed the crime of this case in the case of this case on November 12, 2015 when he was sentenced to 2 years of the suspended sentence to 6 months in imprisonment with prison labor at the Gwangju District Court Branch Branch of the Seoul District Court on July 12, 2015, and again committed the crime of this case during the suspended sentence after being sentenced to 2 years of the suspended sentence. The circumstances alleged in the grounds of appeal are considered as already favorable sentencing factors and there is no special change in circumstances to be considered in the trial. The punishment of the court below is the lowest area of the basic areas of fraud regarding fraud of less than 100 million won as set out in the sentencing guidelines established by the Sentencing Commission, and there is no reason to determine the above punishment of this case.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to dismiss the defendant's appeal.

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