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(영문) 인천지방법원 2014.05.02 2014노375

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 four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was aware of the crime of this case and committed a mistake, and the fact that there was no record of being punished for the same kind of crime or of having been sentenced to a fine exceeding the fine.

However, the court below was determined by fully considering the circumstances favorable to the defendant, and there seems to be no change in circumstances that would be different from the judgment of the court below, and the crime of this case is committed by the defendant through the use of a secret relationship with the victim for a long time, and the nature of the crime is not good in light of the manual and the pattern, and the total damage amount of the crime of this case is the maximum amount of KRW 165 million, and the victim was punished because most of the damage amount was not recovered, and the various sentencing conditions in the records and arguments, such as the defendant's age, character, environment, conditions before and after the crime, etc., are considered as being too unreasonable.

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.