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(영문) 제주지방법원 2021.01.21 2019노1036

사기

Text

The defendant's appeal is dismissed.

Reasons

The Defendant appealed on the ground that the punishment sentenced by the lower court (one year and six months of imprisonment) was too unreasonable.

In this case, the defendant, in collusion with B, etc., received a loan from the victims and received money as the principal fee and the fee, and the loan is obtained by deceiving the victims as if the defendant or accomplice would repay the loan, and the amount of the loan is obtained by deceiving the victims, and the crime is extremely poor in light of the period of crime, the method of crime, the amount of fraud and the number of victims, etc.

In particular, the Defendant committed each of the instant crimes against the early 20th century and the early 20th century, where the economic foundation is weak, repeatedly for a considerable period of time, and the victims have been liable for enormous debts that are difficult to cope with by the victims due to the instant crimes. Nevertheless, the Defendant did not make any effort to recover damage, and the victims did not receive a letter from the victims. The victims want to be punished for severe punishment against the Defendant, including the Defendant’s punishment, and the victims have many records of having been punished for the same kind of crime, it is inevitable to punish the victims with severe punishment corresponding to their responsibility.

In addition, in light of all the sentencing conditions shown in the records and arguments of this case, considering all all the circumstances such as the role and degree of participation of the defendant and the co-defendant B of the court below, and the equity in the case where the defendant was tried at the same time as each of the crimes of this case and the judgment of the court below became final and conclusive, it is not recognized that the sentence imposed by the court below on the defendant is too unreasonable because

Since the appeal by the defendant is groundless, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25 (1) of the Regulation on Criminal Procedure, ex officio, and the judgment of the court below is in accordance with Article 25 (1) of the Regulation on Criminal Procedure 14.