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(영문) 인천지방법원 2013.04.26 2012노3424
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s imprisonment with labor for ten months is too unreasonable in light of the substance of the grounds for appeal in this case’s sentencing conditions.

2. We examine the judgment, and the fact that the defendant recognized all the crimes of this case and reflected his mistake is favorable to the defendant.

However, the crime of this case is committed when the defendant, a second-class salesperson, obtained a total of 27,300,000 won against financial companies and consumers, using a record of inspection of the performance status of used cars in that process. The crime of this case is committed by forging and using a record of inspection of the performance status of used cars in that process. The crime of this case is not less severe than the nature of the crime, and the defendant has been punished several times due to the same crime, and the defendant has already been sentenced to punishment several times due to the crime of this case, and is not aware of the fact that the execution of the punishment was completed during the period of repeated offense, and there is no possibility of criticism by taking into account the crime of this case during the period of repeated offense, and there is no other change of circumstances that can be considered such as agreement with the victims or compensation for damages until the trial except for the circumstances in which part of the installment was paid. In full view of various sentencing conditions in the records and arguments such as the defendant's age, family environment,

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

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