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(영문) 의정부지방법원 2016.12.22 2016노2702
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. It is recognized that the amount of money obtained by the judgment of the defendant is not so big, and that the defendant's age is the age.

However, the defendant committed the crime of fraud repeatedly against unspecified or many victims on the Internet's medium and high trading site, and the nature of the crime is very poor.

The defendant did not agree with the victims to take part in the trial, and did not recover from the damage.

Since the defendant has repeatedly committed each of the crimes in this case even while he is under investigation and trial as a crime of the same law, it is necessary to strictly punish the defendant in order to achieve the preventive purpose of punishment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., various sentencing conditions as shown in the instant pleadings, including the circumstances after the crime was committed, and the scope of recommended sentence according to the sentencing guidelines set by the Supreme Court sentencing committee, the lower court’s sentence cannot be deemed to be too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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