beta
(영문) 인천지방법원 2018.09.13 2018노2358

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case as committing the crime of this case and against his mistake, there is no record of criminal punishment, and the family members of the defendant want to repeat the defendant's wife.

However, the crime of this case is a case in which the defendant deceivings a victim who was an employee at the time and received a loan of 77 million won from a large number of financial institutions and acquired it by fraud, and the nature of the crime is inferior in light of the circumstances of the crime, the method of the crime, the scale of damage, etc., as seen above, the victim's agreement with the victim and most of the damage have not been recovered until the trial was held reasonable even though the damage amount is reasonable, and the victim has not been recovered, as well as the agreement with the victim, and the victim has not been recovered from the mental suffering, as well as considerable property damage due to overdue interest, etc., and the victim has raised a heavy mental suffering, and some of the money is used for personal purposes, and there is no special change of circumstances to be newly considered after the decision of the court below. It cannot be said that the punishment imposed by the court below is unfair because it is too excessive.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.