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(영문) 인천지방법원 2012.11.14 2012노2544

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable, because the punishment imposed by the court below (two months of imprisonment) is too unreasonable.

2. The fact that the judgment recognizes the defendant's mistake, that the amount of fraud is not relatively large, that part of the repayment is partially repaid, and that there are children to be supported, shall be considered as favorable to the defendant.

However, considering the fact that the defendant was punished about 20 times as a crime of fraud, the fact that the defendant seems to continue to commit the same kind of crime even after the crime of this case, and other various sentencing conditions in this case, such as the defendant's age, character and conduct, occupation, environment, motive and circumstance of the crime, etc., the defendant's assertion cannot be accepted since the punishment determined by the court below 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.