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(영문) 인천지방법원 2018.02.02 2017노4281

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes, thereby contravening his mistake, and the victim U does not want to punish the Defendant.

The period in which the defendant participated in the crime is relatively short, and the profits acquired by the crime of this case are not significant.

There is a mother who must support the defendant.

However, the crime of this case was committed by the Defendant in collusion with A, etc. by receiving investment funds from many unspecified persons while performing the business of selling and exporting used cars for public auction, and by receiving a total of 33.8 million won from the victims. In light of the background of the crime or the content of the crime, the crime is not less complicated.

These forms of fraud are very harmful to society by encouraging large amounts of damage by spreading a large number of victims in a short period, encouraging speculative spirit due to its speculative characteristics, thereby barring the foundation of sound economic activities in our society and disturbing market economy order.

In addition, even before the instant crime was committed, the Defendant had been punished for the violation of the Act on the Regulation of Similar Receiving Acts, etc. on two occasions, but there is a high possibility of criticism against the instant crime.

Until now, considering the fact that the recovery of damage caused by the instant crime does not take considerable part, the criminal liability of the Defendant is heavy.

As such, the sentence of sentence corresponding to it is inevitable for the defendant.

In addition to the above circumstances, if comprehensive consideration of the sentencing conditions specified in the records and arguments of this case, such as the defendant's age, sex, family relation, circumstances after the crime, and equity in punishment with accomplices, it cannot be deemed that the sentence imposed by the court below is too unreasonable.