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(영문) 인천지방법원 2019.01.10 2018노3723
사기
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant C.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court, as follows, is too unreasonable to impose the following penalties on the Defendants.

Defendant

A: Imprisonment with prison labor for a year and four months: Imprisonment for a period of eight months;

2. Determination

A. This case’s decision on the assertion of unfair sentencing by Defendant A’s assertion of unfair sentencing is to acquire money from the victims of a financial institution by abusing the system of loan of house deposit with accomplices, and thus, the crime was planned and organized, and the nature of the crime is very poor.

The amount of the crime acquired by deception is very large through three times, and considering the frequency of the crime, the degree of participation (such as preparation of documents, etc.) of the defendant, and the criminal proceeds, the responsibility of the crime is heavy.

However, there is no record of criminal punishment except once a fine.

At the trial, the defendant deposited some amount for each victims.

In full view of the above circumstances and the defendant's age, character and conduct, environment, criminal records, motive, means and consequence of the crime, and all of the sentencing conditions shown in the pleadings up to the trial after the crime was committed, the sentence of the court below against the defendant A is too unreasonable.

Therefore, Defendant A’s assertion of unreasonable sentencing is justified.

B. Defendant C’s assertion of unfair sentencing was committed once with Defendant A, etc., and Defendant C, etc. committed a single-time fraud. As seen earlier, Defendant prepared and carried out the crime by sharing various roles necessary for committing the crime, and the nature of the crime is poor considering the purpose of the housing lease loan system.

Considering the degree of the defendant's participation (the role of a false tenant) in the crime that the defendant participated, there is a high possibility of criticism.

However, the defendant is recognized as committing a crime and is against the defendant, and the victim has agreed with the victim when he fully pays the amount of damage in the trial.

The defendant.

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