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(영문) 인천지방법원 2014.11.28 2014노3496
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendants (for defendant A, six months of imprisonment, two years of suspended execution, two years of social service, 80 hours of imprisonment and six months of imprisonment) is too unreasonable.

2. Although the defendants recognized the crime of this case as well as Defendant B's intent to assist Defendant B with the establishment of a new house due to economic circumstances, there are some favorable circumstances such as the fact that Defendant A had no criminal history of the same kind of crime, the fact that all the Defendants were punished by a fine, and that there is no economic situation of Defendant B's economic situation, etc. However, in light of the attitude of the crime of this case committed by the Defendants by preparing a false lease contract, the crime of this case was extremely poor, although the damage amount caused by the crime of this case is not much significant, the damage was not restored, although the records of the crime of fine of this case were two times, Defendant B obtained substantial benefit by using the loan of this case, Defendant A also received 600,000 won under the pretext of brokerage commission in relation to the lease contract, Defendant A had no special reason for new sentencing after the sentence of the court below, Defendant B had no special motive for participation in the crime of this case and its relation with the crime of this case, as well as the circumstances and records.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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