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(영문) 인천지방법원 2019.10.11 2019노2442
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Considering the circumstances favorable to the Defendant that the Defendant is against his/her own mistake, the crime of this case is very poor that the Defendant took part in the loan fraud group and obtained a loan from a financial institution by taking advantage of the fact that the Defendant took part in the loan fraud group and obtained the loan from a financial institution by fraudulent lessee, and that the Defendant did not have much profits from the crime of this case, etc., due to the circumstances unfavorable to the Defendant, the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is difficult to deem that the lower court’s punishment excessively deviates from the reasonable scope of discretion, taking into account various circumstances that are the conditions for sentencing specified in the records and pleadings

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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