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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of 1.5 million won) of the lower court against the Defendant is too unreasonable.
2. The circumstances favorable to the defendant include: (a) the defendant appears to have committed each of the crimes in this case, and (b) the victim E and I have recovered from the damage to the victim E and I, and the victim does not want to be punished against the defendant.
However, each of the crimes of this case was committed by the defendant through pre-sale of goods against many unspecified victims on the Internet camera bulletin board, and it is not good to the nature of the crime that disturbs the order of electronic commerce. The defendant, even though there was a history of criminal punishment several times due to the crime of fraud under the same law, is highly likely to be subject to criticism in that it goes against each of the crimes of this case after release, and that it was not recovered from damage to the victim N until the trial.
In light of the above factors in the trial of the above sentencing in light of the applicable sentences and relevant sentencing cases, there is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion or that it is deemed unfair to maintain the lower court’s determination of sentencing as it is is.
The circumstances alleged by the defendant appear to have been considered in determining the punishment in the original court, and there is no change in the sentencing conditions compared to the original court because new sentencing materials have not been submitted in the original court.
In addition, considering the circumstances of the defendant's age, character and conduct, the environment, the relationship to victims, the means and result of the crime, the circumstances after the crime, and the sentencing as shown in the records and arguments in this case, it is not recognized that the sentence imposed by the court below is too unreasonable.
Therefore, the defendant's assertion of unfair sentencing is accepted.