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(영문) 인천지방법원 2013.08.30 2013노1907

사기

Text

The defendant's appeal is dismissed.

Reasons

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

2. Although some of the judgment was repaid, there is no specific criminal punishment power except for fraud in this case and ex post concurrent crimes, there is no family member to support, the defendant's assertion is not acceptable since the court below's punishment is too unreasonable, considering the following circumstances: (a) the amount of damage in this case is large, most of the damage is not recovered, (b) the victim is punished; (c) the sentence against the defendant is determined in full consideration of various circumstances; (d) there is no change in circumstances that may vary from the court below's punishment; and (e) there is no other change in circumstances that are conditions for the arguments in this case and the records, such as the defendant's age, character, conduct and environment, etc.

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.