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(영문) 인천지방법원 2018.05.18 2018노672
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The reasoning for appeal (one year and four months of imprisonment) of the lower court is too unreasonable.

2. However, although the Defendant was recognized as committing the instant crime, the amount of damage caused by the instant fraud was large to KRW 150 million, the Defendant was unable to recover the damage to the victim or to reach an agreement with the victim in the first instance, and the degree of damage caused by the said act is not less exceptionally.

The defendant has eight criminal records, and among them, has two criminal dispositions, including one criminal records and two criminal records, due to the same kind of fraud.

The Defendant, who was in a de facto marital relationship with a neighbor, was faced with face by being frighten in favor of the spouse, frightening his head due to a small-scale illness, etc., and assaulting the spouse on his/her mother line, etc., thereby committing a special injury. It is not good to commit a crime.

In addition, given that the Defendant’s age, sex, environment, family relationship, motive, means and consequence of the crime, and other circumstances that are conditions for sentencing as shown in the instant records and arguments, such as the circumstances after the crime, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. The defendant's appeal is dismissed. It is so decided as per Disposition.

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