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(영문) 인천지방법원 2015.03.27 2015노457

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. Determination is based on the following facts: (a) the Defendant recognized his own crime; (b) the instant crime ought to take account of equity with the case where the judgment was rendered at the same time in relation to the crime of fraud for which the judgment became final and concurrent crimes under the latter part of Article 37 of the Criminal Act; and (c) paid to the victim in the form of interest, which is part of the

However, in full view of the following factors: (a) the Defendant did not agree with the victim until the time of the appeal; (b) equity with the criminal punishment for the commission of fraud in the scale of damage similar to the instant crime; and and (c) other factors of sentencing indicated in the records, such as the Defendant’s age, character and conduct, the circumstances leading to the instant crime, and the circumstances before and after the instant crime, even if considering the circumstances cited in the grounds of appeal, the sentence imposed by the lower court is too unreasonable; and (c) thus, the

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