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(영문) 인천지방법원 2015.11.19 2015노3400

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below was led to the confession and reflect of the defendant, and the defendant was sentenced to one year in prison due to a concurrent crime under the latter part of Article 37 of the Criminal Act. However, considering the above circumstances, the court below determined the punishment against the defendant in consideration of the above circumstances, the amount of fraud was a total of KRW 140,000,000,000,000, in total, and most damages were not recovered, the victims wanted to punish the defendant, and other circumstances, such as the defendant's age, character and conduct, motive, means and consequence of the crime of this case, the circumstances after the crime, etc., are unreasonable.

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.