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(영문) 인천지방법원 2020.02.06 2019노3541
사기등
Text

Defendant

All appeals filed by B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (two years of imprisonment and forfeiture No. 1) is too unreasonable.

B. Even according to Defendant A’s statement, Defendant A confirmed that, prior to the instant case, the search was conducted as “work loan,” and the search language related to the search method, etc., Defendant A was known that the method was not a normal loan method. Defendant A, prior to the withdrawal of cash, asked Defendant A to “I would like to know about the fact that “I would like to know about the fact that I would like to know the fact that I would like to know the fact that I would like to know the fact that I would like to know the fact that I would like to know the fact that I would like to know the fact that I would like to know the fact that I would like to know the fact that I would like to know the fact that I would like to act is related to singing.” Defendant A appears to have been aware of the fact that I would have actively engaged in the instant criminal act at least in the suspension of execution of sentence of sentence of 2 years in light of the fact that Defendant A would not have been able to confirm this document against a person who withdraws cash from a bank, and that it was “no” it constitutes an unfair sentencing execution of 2 years.

2. Determination

A. In full view of various circumstances, including the period during which Defendant B participated in the instant fraud and the amount of damage, etc., Defendant B’s assertion of unfair sentencing on the part of the grounds of unfair sentencing, the lower court’s sentence imposed on Defendant B is too excessive and unreasonable. Thus, Defendant B’s assertion of unfair sentencing is without merit.

B. The lower court’s judgment on the part of the Prosecutor’s assertion of mistake of facts against Defendant A, which was explained by Defendant A through an unwritten statement.

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