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(영문) 인천지방법원 2014.11.28 2014노3113
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., imprisonment of two years, suspended execution of three years, community service work 120 hours, Defendant B: imprisonment of one year, suspended execution of three years, community service 120 hours) are too unreasonable.

2. There are favorable circumstances, such as that the Defendants agreed with the victims that they did not punish the Defendants, that the Defendants led to the conviction of the Defendants, that all of the crimes of this case were led to the conviction of the Defendants, and that there were no criminal records exceeding fines in the case of Defendant B.

However, in full view of the circumstances that are disadvantageous to the Defendants, such as the circumstances before and after the commission of the crime, and the motive, means and consequence of the crime, the Defendants’ age, character and conduct, and environment, and the sentencing conditions specified in the records and arguments of this case, it is not recognized that the sentence of the lower court against the Defendants is excessively unreasonable. In so doing, it is not recognized that the sentence of the Defendants is too unreasonable, by taking account of the following circumstances: (a) the Defendants conspired to obtain approximately KRW 84 million from the victim K; (b) the Defendant A acquired KRW 100 million from the victim F and KRW 31.4 million from K; and (c) the Defendant A had the history of being punished for the same crime twice.

The Defendants’ assertion is without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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