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(영문) 인천지방법원 2014.04.25 2014노130

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include: (a) the defendant committed the instant crime; (b) the victim F was paid KRW 55.4 million to the victim F; (c) the victim I paid KRW 32.4 million to the victim I as interest; and (d) some of the shares of the corporation D were transferred to the victims; and (c) there was no record of punishment for the same kind of crime.

On the other hand, however, the court below seems to have determined punishment by fully considering the circumstances favorable to the defendant, and there seems to exist no changes in circumstances that could differ from the judgment of the court below, the total amount of damage to the crime of this case exceeds KRW 200 million, and no additional measures are taken in the trial for the recovery of damage, and other various sentencing conditions in the records and arguments, such as the defendant's age, happiness environment, and circumstances before and after the crime, 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.