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(영문) 인천지방법원 2012.12.14 2012노2865

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the gist of the grounds for appeal in this case’s sentencing, the lower court’s punishment against the Defendant (one million won of fine) is too unreasonable.

2. The judgment is based on the following circumstances: (a) the defendant has been sentenced to punishment and fine for fraud; (b) the defendant has no record of change in circumstances that may be considered differently from the judgment of the court below; and (c) the defendant has committed the crime of this case in favor of the defendant to recover part of the damage; (b) the amount of fraud by the crime of this case reaches KRW 15 million and the damage amount is considerable; (c) the defendant has failed to agree with the victim because he could not recover most of the damage up to the trial; (c) the court below imposed a fine in consideration of the favorable circumstances of the defendant; (d) the defendant has been sentenced to punishment and fine for fraud; (5) there is no other record of change in circumstances that may be considered differently from the judgment of the court below; and (d) there is no other records and arguments such as the defendant's age, character, family environment, and circumstances before and after

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