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(영문) 인천지방법원 2019.08.08 2018노3293
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (the fine of KRW 20 million) imposed by the court below is too unreasonable.

A series of fraud crimes committed by the Defendant at a time similar to the instant crime, which was sentenced to imprisonment with prison labor for one year and three months in 2015, and completed the execution of the said imprisonment. The instant crime was committed in a concurrent relationship under the latter part of Article 37 of the Criminal Act, which could have been tried at the same time in the latter concurrent relationship

However, the acquired amount of the crime of this case reaches KRW 477 million, which reaches twice the amount of the fraud in 2015, taking into account the following circumstances: (a) the role of the Defendant in charge of the crime of this case; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case; and (c) other circumstances that form the conditions of sentencing as shown in the argument of this case, including the circumstances after the crime, etc., even if considering the above favorable circumstances, the lower court’s punishment cannot be deemed to be harsh

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

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