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(영문) 인천지방법원 2014.09.12 2014노1989

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fine 7,000,000) 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, in light of the fact that the lower court was determined by fully considering the circumstances favorable to the Defendant, and that there seems to exist no changes in circumstances that could vary from the lower court’s judgment and the punishment, and that even though the amount of damage to the instant crime is the amount equivalent to KRW 14 million, the Defendant did not take measures to compensate for damage, such as having agreed with the victim or having repaid the amount, etc. up to the trial, and other various sentencing conditions in the records and arguments, such as the Defendant’s age and behavior environment, circumstances before and after the commission of the crime, etc., the lower court’s punishment 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.