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(영문) 인천지방법원 2017.12.08 2017노3863
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine all the grounds for appeal by the Defendant and the Prosecutor.

In light of the fact that the Defendant committed each of the instant crimes against many unspecified victims and the content of each of the instant crimes, the method of receiving damages, etc. after the execution of the sentence as stated in the criminal records of the Defendant’s judgment was completed, the Defendant committed each of the instant crimes, and the fact that the damage was not recovered, etc., that is, the Defendant committed each of the instant crimes are disadvantageous to the Defendant. In light of this, the sentence of imprisonment against the Defendant is inevitable.

However, in light of the favorable circumstances, such as the fact that the defendant led to the confession of each of the crimes of this case and the defendant's late reflective attitude, the total amount of damage caused by each of the crimes of this case is not more than KRW 17,030,000,00, and the defendant tried to find jobs after release, but failed to seek jobs after release, causing the living expenses of young children and their families, etc., the judgment of the court below is reasonable as being conducted within the reasonable scope of discretion, and it cannot be deemed unfair or unreasonable as it is too heavy.

Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.

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

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