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(영문) 인천지방법원 2015.01.23 2014노4318

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s punishment (six months of imprisonment) against the Defendants on the summary of the grounds of appeal is too unreasonable.

2. The fact that the Defendants made a confession and reflect on the instant crime, there is no record of punishment for fraud, and there is no family member to support.

However, the Defendants committed the instant crime by deceiving the victim company without the intent to purchase and use the vehicle from the beginning to the end, and immediately dividing the above loans. In light of the background and content of the instant crime and the method of the commission of the crime, etc., in light of the following: (a) the nature of the crime is inferior; (b) the amount of fraud amount to KRW 35 million; and (c) the damage recovery was not taken until the trial; and (d) other various sentencing conditions as shown in the records and arguments, such as the Defendants’ age, family environment, and circumstances before and after the commission of the crime, the lower court’s punishment against the Defendant is too unreasonable.

3. If so, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.