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(영문) 인천지방법원 2018.11.16 2018노2837

사기

Text

The appeal by the defendant and the prosecutor shall be dismissed.

Reasons

1. The Defendant, on the grounds of appeal, appealed too far from the sentence of the lower court (six months of imprisonment), and the prosecutor appealed that the above sentence is too unfasible and unfair.

2. Although the Defendant was admitted to commit the instant crime as the first offender, even though the amount of damage caused by the instant fraud was only 5,90 million won, the Defendant did not yet agree with the victims, and there was no special circumstance or circumstance that could be newly considered in sentencing after the pronouncement of the lower judgment.

In addition, considering other circumstances, such as Defendant’s age, sex, environment, family relationship, economic condition, motive, means and consequence of the crime, the circumstances after the crime was committed, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the Prosecutor’s assertion is without merit.

3. Conclusion of the appeal by the Defendant and the Prosecutor is dismissed. It is so decided as per Disposition.