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(영문) 광주지방법원 2016.06.09 2015노2208
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 3,00,000) is too unreasonable.

2. The following facts are favorable to the Defendant.

The defendant is against the defendant.

The amount of damage is not so significant, and all the money acquired by the victims was returned.

The victims do not want to punish the defendant.

On the other hand, the following is disadvantageous.

The crime of fraud in the Internet goods transaction, such as the crime of this case, is committed against many and unspecified persons, thereby seriously disturbing the order of the Internet commercial transactions and impairing the foundation of social trust.

Despite the fact that the Defendant had been subject to criminal punishment on three occasions over the Internet goods transaction fraud crime, which is identical to the instant crime, the Defendant committed the instant crime.

In addition, comprehensively taking account of the defendant's age, sex, environment, and circumstances after the crime, various sentencing conditions shown in the records and arguments of this case, the court below's punishment is too unreasonable, and thus, 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 grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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