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(영문) 서울북부지방법원 2015.12.23 2015노1442
사기등
Text

The judgment of the court below (excluding the compensation order) shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The crime of this case is serious in the nature of the crime of this case where the defendant acquired money from an unspecified number of victims for more than 2 months using the Internet trading site, acquired money from a convenience store for the purpose of theft from the beginning, stolen false information into the convenience store, and obtained and fraudulently acquired pecuniary gains exceeding 80 million won in total, and the method of committing the crime is intelligent and planned. The number of fraud of the price of the goods of this case is considerably more than 58 times, and the total damage amount of the crime of fraud using the computer, etc. using the convenience store exceeds 81 million won, and the damage amount is considerably high in the sum of the damage amount of the crime of fraud by using the transportation card charging machine exceeds 81 million won, and even if there was another record of being sentenced to a fine by the same kind of crime on December 2013, the crime of this case was committed during the normal judgment of the first instance court, and the crime of this case was committed at a disadvantage to the defendant during the crime of this case.

On the other hand, however, the defendant made confessions of all of the crimes of this case and reflects in depth, and the young age should support the wife and her children without any special occupation, which appears to have led to the crime of this case. The most serious damage prior to the prosecution is paid to theO, and the victimO does not want to be punished against the defendant, and the victim made repayment of additional KRW 32 million to the above victim at the trial, and the victim made repayment of additional KRW 5 million to the above victim, and at the trial, the victim victim made a preference against the defendant, who is the victim of theft and computer-use fraud, and the victim made a preference against the defendant. In addition, the crime of fraud of goods price.

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