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(영문) 인천지방법원 2014.10.24 2014노3177 (1)

사기

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The sentence imposed by the court below on the defendant as to the summary of the grounds for appeal is too heavy or unreasonable.

The defendant withdrawn misunderstanding of facts during the first trial.

2. We also examine the grounds for appeal by the Defendant and the Prosecutor.

In light of the circumstances and contents of the crime of this case, the amount of profit of the defendant would not exceed the amount of fraud by the crime of this case, and the criminal act of this case was committed before and after the judgment of the court below, there are many criminal convictions due to the same crime of this case, and the criminal act of this case was committed without being aware of it during the suspension of execution period, and the crime of this case was committed in intelligence and planned, and the damage amount by the crime of this case was not significant, and there was no special circumstance or change that can be newly considered in sentencing after the judgment of the court below, and the degree of the defendant's participation in the crime of this case, other circumstances or circumstances such as the defendant's character and behavior, relationship with the victim, motive and means of the crime of this case, circumstance after the crime of this case, etc. are considered appropriate.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.