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(영문) 인천지방법원 2018.11.22 2018노3334
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case as committing the crime of this case, against his mistake, and that his family and the branch of the defendant repeatedly wanted the defendant's wife, and that there is no record of criminal punishment.

However, the crime of this case is a case in which the damaged company actively deceivings the damaged company about the operation status of marina which the defendant provided as his economic power or as security, whether the defendant provided prior security prior to the goods in custody, etc. and received property or property profits (the part of offsetting the existing loan) by receiving a loan equivalent to KRW 100 million, and thus, in light of the circumstances of the crime, methods of the crime, and the amount of damage, etc., the nature of the crime is not good, the agreement between the victimized company and the damaged company has not been recovered, as well as most of the damage amount has not been recovered, the victimized company has not been able to recover the amount of the damage up to the judgment, and there is no special change of circumstances that can be newly considered after the decision of the court below, and there is no age, sex, environment, means and methods of the crime, and the circumstances after the crime, etc., it cannot be said that the punishment imposed by the court below is too unfair.

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.

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