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(영문) 인천지방법원 2017.09.28 2017노2947
사기
Text

The defendant's appeal is dismissed.

Expenses relating to witnesses shall be borne by the defendant among the costs of lawsuit in the original judgment.

Reasons

1. The decision of the court below on the grounds of appeal is that the violation of the law and mistake of facts are affected by the conclusion of the judgment.

In addition, the sentence prescribed by the court of the court below (one year of imprisonment) is too unreasonable.

2. Examining the instant case based on the evidence duly adopted and examined as to the assertion of misunderstanding of facts and misapprehension of legal principles, it is reasonable and acceptable for the court below to find the Defendant guilty of the instant facts charged and to determine it as concurrent crimes as stated in its holding.

We cannot accept the allegation that there was a misunderstanding of facts or a misunderstanding of legal principles affecting the judgment of the court below.

The reasoning of the judgment of the court below is invoked as it is, but as attached to the attached, suffering from the fraud of 190 million won in 2013.

On August 2016, K argued that it filed a complaint against the defendant, and the defendant was subject to a non-prosecution disposition.

In that case, after K has filed a complaint against the defendant by the victim E on May 2016, K still did not receive any change and it is deemed that K has filed a complaint against the defendant.

I also take into account the facts expressed.

The defendant's health and economic conditions are not good for the unfair argument of sentencing.

Although there are two criminal records of the same kind, there are still some circumstances that long-term work has been neglected, and family members and branch members appeal their wife.

However, the criminal liability of the defendant is not against the law.

The amount obtained by deceit is a large amount and did not recover the damage.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances before and after the crime.

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