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(영문) 인천지방법원 2020.09.17 2020노1357

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

The defendant shall obtain money from the applicant for compensation of KRW 40 million.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (a three-year imprisonment and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The Defendant continued to commit a crime against many unspecified and unspecified victims, committed a crime in light of the details and circumstances of the crime, and committed a serious crime, acquired money, and did not recover any particular damage up to the trial.

On the other hand, the defendant led to the confession of the crime of this case, and has no record of criminal punishment.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, since the appeal filed by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and the application for compensation filed by the applicant for compensation is reasonable, it is accepted in accordance with Articles 25(1) and 31(1) and (2) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and it is so decided as per Disposition by attaching a provisional execution to the above order for compensation pursuant to Article 3