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(영문) 광주지방법원 2016.06.16 2016노1157
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. A favorable circumstance is that the Defendant’s mistake is against himself/herself, and that the total amount of damage is not less than KRW 1.5 million.

On the other hand, the following is disadvantageous.

As the crime of this case uses the nature of the Internet site that does not face face with the other party, it is necessary to strictly punish not only the serious damage of the distribution order of electronic commerce but also the promotion of the whole society's incompetence.

The Defendant committed the instant crime during the period of repeated crime for which three months have not passed since he/she was sentenced to imprisonment for the same kind of crime and completed the execution thereof.

For about five weeks, seven frauds are committed, and there are few times.

No damage has been restored to his position.

In addition, in full view of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as indicated in the records and arguments, and the various sentencing conditions as indicated in the instant case’s records and arguments, which became final and conclusive on January 15, 2016, and the equity between the instant crime and the crime of fraud, which are concurrent crimes after Article 37 of the Criminal Act, at the same time with the judgment of the lower court, the lower court’s punishment is too unreasonable, even if the circumstances favorable to the Defendant are sufficiently considered,

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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