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(영문) 인천지방법원 2018.11.23 2018노3081

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. The Defendant did not seem to have committed the instant crime from the beginning, and even when considering the fact that there was no record of criminal punishment other than the punishment of a fine imposed once due to the violation of the Labor Standards Act, even though the Defendant was in excess of debt and was subject to criminal punishment, the Defendant actively committed the instant act of deception by notifying the victim of the false fact while the Defendant was seriously lacking financial capacity to repay the debt, forging the lease agreement and displaying it to the victim, and even though the amount acquired by deception has been considerable time since the time of the crime was considerable, only some damage was recovered, and the sentencing conditions indicated in the record, such as the Defendant’s age, sexual behavior, environment, circumstance of the crime, and circumstances after the crime, are considered as inappropriate by comprehensively taking into account the sentencing conditions stated in the record.

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.