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(영문) 인천지방법원 2018.05.15 2018노485

사기

Text

Of the Defendant’s case, the judgment of the court below against the victim H among the crimes No. 1 of the judgment of the court below is the list of crimes attached to the judgment below.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below (unfair sentencing) (No. 1 through No. 27 of the crime committed by the court below against the victim H among the crimes No. 1 of the judgment below as stated in the judgment below: imprisonment with prison labor for two months, the remainder of the crime No. 1 of the judgment below, and the crime No. 2 through No. 4 of the judgment of the court below: imprisonment with prison labor for ten months) is too unreasonable.

B. The prosecutor (unfair sentencing)’s each sentence sentenced by the lower court is too uneasible and unfair.

2. The judgment of the court below on the part of the defendant case

A. From among crimes No. 1 of the decision of the court below, with regard to the part No. 1 to No. 27 of the list of crimes attached to the list of crimes attached to the judgment of the court below (two months of imprisonment) against the victim H, the defendant recognized this part of the crime and reflects his fault, there is no record of criminal punishment before the crime is committed, the victim H (the damage amount to this part) and the judgment of the court of the court below agreed smoothly at the stage of the court below, and the concurrent crimes established on February 19, 2016 (the damage amount to this part) and the latter part of Article 37 of the Criminal Act are concurrent crimes with the crime of fraud established on February 19, 2016 (the probation period of two years and six months) under Article 39 (1) of the Criminal Act, the punishment shall be determined in consideration of equity in the case where the judgment is rendered simultaneously, and the crime in this part of the crime was committed before the first indictment is instituted as a final

On the other hand, this part of the crime of deceptions with various methods such as obtaining the trust of the above victim by the method of selling the contact pockets as if the defendant sold them to the above victim through high-speed transactions and then returning the money which had already been investigated by the investigation agency in relation to the above transaction or has already been transferred to the above victim by paying the additional money, etc., which led to the said victim's deceptions. This part of the crime of deceptions by receiving the money equivalent to KRW 44 million from the above victim in total 27 times, in light of the criminal law, the number of crimes, and the amount of damage, etc.