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(영문) 인천지방법원 2018.10.19 2018노2574
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment) is too unreasonable.

2. However, the fact that the Defendant recognized the instant crime and reflects it, that the Defendant repaid the principal amount of KRW 10 million out of the total amount of damage, interest KRW 12 million, and that the Defendant has no record of being sentenced to suspended execution or heavier punishment, is favorable to the Defendant.

However, the defendant borrowed money from the victim and offered it as security for the lease deposit that does not exist.

In other words, the lease contract under the name of another person was forged and exercised, and the deposit money stated in the above lease contract was borrowed as security. The degree of deception used for the crime of fraud is heavy.

The judgment below

There is no change in circumstances after the sentence.

In addition, when comprehensively considering the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.

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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