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(영문) 광주지방법원 2017.12.19 2017노2248
사기미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal asserts that the defendant is too unfasible and unfair as to the punishment of the court below, and that the prosecutor is too unfasible and unfair.

2. The crime of this case is not punishable in that the defendant prepared a false construction contract as if the construction contract exists, received a letter of advance payment from the Information and Communications Mutual-Aid Association through the false construction contract, and claimed advance payment of KRW 65 million on the ground of the occurrence of the guaranteed accident, but failed to receive it. As such, in the case of the crime of abusing the guarantee insurance contract, the crime of this case is not good in that it can be returned to a large number of information and communications business operators who concluded the guarantee insurance contract in good faith because it adversely affects the finance of

In addition, no agreement has been reached with the victim until now.

On the other hand, the defendant recognized the crime of this case, and there was no substantial damage due to the fact that advance payment is not actually paid, and there was no record that the defendant was punished for the same crime.

In full view of all the circumstances, such as the Defendant’s age, sexual conduct, environment, background of the crime, and circumstances after the crime, etc., as indicated in the records and arguments of this case, in this case where there is no change in any specific sentencing conditions in the trial compared to the original judgment, the lower court’s punishment is only within the scope of reasonable discretion, and it is not recognized that it is unfair because it is too hot or low.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Thus, 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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