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(영문) 인천지방법원 2020.12.10 2020노3385

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of the grounds for appeal (unfair form of punishment)

A. The sentence imposed by the court below on the Defendants (defendant A: imprisonment with prison labor for two years and four months, confiscation, Defendant B: imprisonment with prison labor for one year and one year and ten months, and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. In light of the Defendants’ contents and frequency of the Defendants’ act and the degree of contribution to the commission of the crime, etc., the Defendants’ criminal liability is very heavy, and the amount of damage caused by the Defendants’ act exceeds KRW 200 million and KRW 100 million, which is a large amount of damage not recovered up to now, the fact that most of the damages have been unrepared is considered to be favorable to the Defendants, while the Defendants acknowledged the instant crime, the Defendants did not have any history of criminal punishment, and the Defendants did not have any actual acquired profit compared to the amount of deception.

The above circumstances are as follows: (a) comprehensively taking account of the circumstances leading up to the Defendants to commit the crime; (b) the Defendants’ age, health status, character and conduct, environment, and circumstances after the commission of the crime; and (c) the punishment imposed by the lower court is too heavy or unreasonable; and (d) the Defendants and the prosecutor’s assertion are without merit.

3. As such, the appeal by the Defendants and the prosecutor 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.