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(영문) 인천지방법원 2017.08.25 2017노2333

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the Defendant agreed with the victims, that the Defendant both recognized and reflected his mistake, and that each of the instant crimes was committed on July 29, 2016, and that there was a concurrent crime relationship with the forgery of private documents as decided by the said judgment, etc., after Article 37 of the Criminal Act, can be considered in favor of the Defendant in determining the punishment.

On the other hand, the total amount of damage caused by the instant case exceeds KRW 200 million, the damage to the victim I has not been considerably recovered, the fraud crime listed in paragraph 1 of the judgment in the 100 million ground for the same crime is committed during the period of repeated crime due to the same crime, the defendant has a record of criminal punishment at least 12 times, and the four times among them is a record of punishment for fraud crime disadvantageous to the defendant.

In addition to the above circumstances, taking into account the Defendant’s age, sex, occupation and environment, motive and circumstance leading to the instant crime, and the circumstances after the instant crime, etc., the lower court’s punishment is too large and thus unreasonable.

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.

참조조문