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(영문) 인천지방법원 2014.11.28 2014노3135
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant confessions and reflects the crime of this case, and some of the amount of money acquired by defraudation of the damaged financial institutions through the real estate auction procedure, etc. are recovered is favorable circumstances.

However, the Defendant has already been punished for fraud several times, and in particular, in light of the fact that the Incheon District Court sentenced ten months to imprisonment for fraud at the Incheon District Court on July 3, 2009 and released from the same court on October 16, 2009 and repeated the instant crime during the period of repeated crime; the sum of the amount obtained by deception of the damaged financial institutions is at least 352 million won in total; and the sum of the amount obtained by deception of the victim N is at least 53 million won in total; the Defendant received a "business contract" from the seller on the ground of the word "bareboat buyer" and received as security the "business contract" with the accomplice who acquired the housing purchase fund from the damaged financial institutions; the crime of this case by acquiring the money systematically from the damaged financial institutions; the nature of the crime was committed in light of the circumstances and contents of the crime; and the circumstances and contents of the crime; and the circumstances leading up to the damage recovery of the Defendant's age before and after the occurrence of the crime; and it does not appear that the Defendant's punishment was too unfair.

3. If so, the defendant's appeal 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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