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(영문) 인천지방법원 2016.08.25 2016노1621

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal, the defendant asserts that the defendant's punishment (two years of imprisonment with prison labor) declared by the court below is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.

2. The crime of this case is acknowledged that the Defendant, who acquired approximately KRW 270 million in total from the victims through a series of times, obtained a large amount of damage and did not agree with the victims because the amount of damage was not recovered properly, and the Defendant was subject to criminal punishment, including punishment, due to the same crime, several times. On May 26, 2010, the Defendant was sentenced to imprisonment with prison labor for larceny and completed the execution of the punishment and re-offending even during the period of repeated crime.

On the other hand, it is recognized that the defendant made a confession of all crimes and reflects the mistake, and paid approximately KRW 60 million out of the amount of damage.

In full view of such circumstances as the Defendant’s age, sexual conduct, motive, means, and consequence of the instant crime, as well as the circumstances after the commission of the crime, the lower court’s punishment is too heavy or is deemed unreasonable.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.