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(영문) 의정부지방법원 2019.07.26 2018노2809
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (4 million won) by the lower court is too unreasonable.

2. The defendant has the following favorable circumstances:

The defendant recognized the crime of this case and is against the law.

The punishment of this case shall be determined in consideration of equity in cases where a judgment is rendered simultaneously with a crime of violation of the Punishment of Violences, etc. Act (joint conflict) that became final and conclusive on November 29, 2017.

However, there are the following disadvantageous circumstances for the defendant.

The crime of this case is committed by the defendant in collusion with local friendship and postship, etc., resulting in an intentional occurrence of a motor vehicle with an illegal internship, and by fraud from the insurance company, and the quality of the crime is not good in light of the methods and contents of the crime.

It is a considerable amount exceeding 20 million won in money acquired by the defendant.

The Defendant had been punished for the same crime even before the crime of this case was committed.

In light of the fact that there is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted in the trial, the sentence imposed by the lower court is too unreasonable because the sentence imposed by the Defendant is too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

(However, the lower court’s judgment No. 2, No. 9 and No. 4 in [Attachment 4] are “No. 2015, Apr. 3, 2015” and “W” in [Attachment 8] is obvious that it is a clerical error of K, and thus ex officio correction is made in accordance with Article 25 of the Regulations on Criminal Procedure.

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