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(영문) 인천지방법원 2015.02.11 2014노4954

사기등

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 two months of imprisonment) is too unreasonable.

2. The fact that the defendant was aware of the crime of this case and his mistake is divided is favorable to the defendant.

However, the crime of this case is committed by acquiring money from many victims by deceiving C of the victim who was de facto de facto marital relationship, taking advantage of it at will, selling things on the Internet, and in light of the circumstances of the crime, the crime of this case is very bad, the total amount of damage exceeds 40 million won, and the victim did not take measures to recover damage such as agreement with the victims or repayment of money up to the trial, and the victim wishes to be punished by the severe punishment of the defendant, the defendant has a history of criminal punishment several times due to the same crime, and other various sentencing conditions as shown in the records and arguments, such as age and behavior environment of the defendant, circumstances before and after the crime, etc., the sentence of the court below against the defendant is 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.