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(영문) 인천지방법원 2018.01.19 2017노4298
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. The judgment that recognized the defendant's mistake and reflects the fact that the defendant was in a trial, the profit actually acquired by the crime of fraud seems to be less than the sum of the amount obtained by deception, and there are no specific criminal records prior to the crime of this case. However, in light of the methods and circumstances of the crime of this case, etc., the crime is considerably inappropriate in light of the fact that the amount of damage is considerable, there is no agreement with the victims or no recovery from damage, and all other sentencing factors as shown in the argument of this case, such as the defendant's age, sex, behavior, environment, health condition, motive and circumstance of the crime, means and consequence, etc., it is not recognized that the punishment imposed by 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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