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(영문) 인천지방법원 2018.01.19 2017노4357

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (6 months of imprisonment) against the Defendant (unfair sentencing) is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too unhued and unreasonable.

2. Each of the crimes of this case in the form of the crime in this case is that the victims are actively deceiving the victims by using the trust relationship with the victims, and the crime is not good in light of the method of deception, etc. In particular, the victims C borrowed 43,50,000 won from the lending company to the defendant with the high interest rate of 43,50,000 won. Nevertheless, the fact that the damage is likely to be considerable to property and mental damage, the fact that the damage has not been recovered is disadvantageous to the defendant, the confession of the defendant, and the fact that there is no record of the

In addition, comprehensively taking into account the various circumstances such as the defendant's age, health status, sexual conduct and environment, motive for committing a crime, amount of fraud, and circumstances after committing a crime, etc., the sentence of the court below is too heavy or it does not seem unfair because it is too heavy.

3. If so, 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.