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(영문) 인천지방법원 2017.12.21 2017노4056
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the judgment defendant recognized the crime of this case and is against the law, and there is no record of punishment exceeding the same crime or suspended execution.

However, the crime of this case was committed by a person who did not have the intent or ability to provide the service of selling agency, and received KRW 80 million from the damaged person. In light of the method and circumstances of the crime, etc., the crime is not good in light of the nature of the crime; the defendant seems to have been well aware of the fact that 10% of the total land price should be paid in advance at the time of receiving KRW 80 million from the damaged person; the defendant did not recover the damage up to the present time even after a considerable period of time has passed since the crime of 2013; and the victim seems to have suffered significant economic suffering; and the defendant's age, sexual behavior, motive, means and consequence of the crime of this case, and circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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