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(영문) 인천지방법원 2016.11.18 2016노2946
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant's punishment (a fine of KRW 15 million) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

On the other hand, while the crime of this case is committed in collusion with accomplices to purchase real estate in the name of the defaulted company, it is considerably poor in the nature of the crime of this case to have acquired property benefits by deceiving the seller as a preemptive security, and it is considerably poor in light of the circumstances and method of the crime of this case. The victim lost the ownership of the real estate in the auction procedure. The defendant committed the crime of this case without being able to do so in mind within the repeated period due to the violation of the Act on the Control of Narcotics, etc., and it seems relatively minor, and the degree of the defendant's participation in the crime of this case seems to be relatively minor, and the relation between the crime of this case and the violation of the latter part of Article 37 of the Criminal Act (the crime of this case) should consider equity in the case of the crime of this case.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, among the judgment below.

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