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(영문) 인천지방법원 2017.11.24 2017노3502

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes, thereby contravening his mistake, and repaid part of the amount of damage to the victims.

It seems that most of the funds obtained through the crime of this case were reverted to a nameless borrower, and the money acquired by the defendant is almost little.

The Defendant is an initial offender who has no criminal history.

However, the crime of this case was committed by deceiving the victims in spite of the intent or ability to repay the credit card price or loan, which was settled by using the card issued by the victims with a nameless lending business operator and the victim. The crime of this case is heavier in light of the circumstances of the crime and the contents of the crime.

As a result, most of the damages suffered by victims have not been recovered.

In addition to the above circumstances, the sentencing conditions shown in the records and arguments of this case, including the defendant's age, sexual conduct, family relationship, circumstances after the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court's sentencing committee (the period of six months to one year and six months) / [the type of fraud] is not classified as the type 1 (the same concurrent crime among general frauds, the determination of the type and the amount less than 100 million won is based on the aggregate amount of profits according to the criteria for handling multiple crimes, and the amount of special promotions] [the scope of the recommended area and the recommended punishment] [the scope of the recommendation] basic area, six months to six months, and one year and six months, etc., the sentence imposed by the court below is too unfair.

Therefore, the defendant's assertion is not accepted.

3. 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.