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(영문) 인천지방법원 2013.04.05 2013노501

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the defendant led to the confession of the crime of this case and reflects the defendant, and that the defendant has no particular criminal record.

However, the crime of this case is aimed at raising the Defendant’s gambling fund, and its nature is not less than 17,800,000 won, and its damage amount is not less than 100,000,000 won, and the Defendant prepared a letter of explanation that the Defendant would reimburse the victim for the amount of damage by June 30, 2013, but it has not been recovered from damage up to now, and the court below’s sentence against the Defendant seems to have been determined in full consideration of the aforementioned various circumstances. There are no special circumstances or changes in circumstances that may be considered in the trial, and there are no other special circumstances or circumstances that are the conditions for sentencing as indicated in the arguments and records of this case, including Defendant’s age, character and behavior, environment, family relationship, criminal record, circumstances after the crime, and motive and circumstance of the crime. In full consideration of all the circumstances asserted by the Defendant in the grounds for appeal, the Defendant’s assertion is unreasonable since the Defendant’s punishment that

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