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(영문) 인천지방법원 2016.03.31 2015노3076
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. On the summary of the grounds for appeal, the prosecutor asserts that the defendant's punishment (one hundred months of imprisonment, two years of suspended sentence, and eight hours of social service) declared by the court below is too unfasible and unfair, and the defendant is too unreasonable.

2. We also examine the judgment prosecutor and the defendant's argument of unfair sentencing.

The defendant acquired 4,50 million won through the trust relationship between the people, and some of the money acquired through deception is not that the crime quality is less and less than that of the Internet gambling.

Since part of the money that the injured party borrowed to the defendant was loaned from the second financial right, the victim seems to have suffered a lot of mental and economic pain by paying high interest.

On the other hand, the defendant made a confession, and he deposited 2,900,000 won equivalent to the amount of unpaid repayment until he made a deposit in the court below to pay all the money equivalent to the principal of the damage.

A defendant has no criminal record of the same kind, and he has no criminal record of the suspension of execution or more.

In order to maintain the livelihood of the mother and a woman, social ties, such as employment at the construction site, are clear.

In full view of such circumstances as the age, conduct of sex, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

It is not recognized that it is too poor or too poor.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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