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(영문) 의정부지방법원 2017.11.14 2017노2629
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The Defendant, as if he sells the goods to many unspecified persons on the Internet, posted an article as if he sells the goods normally, and acquired the total amount of KRW 4.9 million through 19 times.

It is necessary to strictly punish the online sales fraud in that it disturbs the order of electronic commerce and damages the other party to good transactions.

The defendant was unable to reach an agreement with the victims or to recover from the damage until the trial.

On the other hand, the defendant recognized all of the crimes of this case and reflected the mistake.

The defendant has no record of punishment for the same crime, and supports the mother who has a physical disability.

In light of the above circumstances, the court below sentenced the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, etc., and comprehensively taking into account all the sentencing conditions as shown in the argument of the case, such as the circumstances after the crime, etc., the scope of the recommended punishment according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court [the scope of the recommended punishment] under the aggravated area (one to two years and six months) (one year and six months), [special aggravated persons] under the lower limit where the defendant committed a crime against an unspecified or large number of unspecified victims, and there is no new sentencing data to change the sentencing of the court below. Thus, the punishment of the court below cannot be deemed to be unfair because it is too unreasonable.

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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