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(영문) 인천지방법원 2013.09.06 2012노3882

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. The judgment is based on the circumstances favorable to the defendant, such as the fact that the defendant recognized all of the crimes of this case and reflects his mistake, and that the defendant has no criminal record exceeding the same kind of punishment and fine.

However, in full view of the following factors: (a) the amount obtained by deception through the instant crime is a large amount of KRW 159,500,000; (b) there is no change of circumstances that may be considered such as the Defendant’s agreement with the victim or compensating for the damage until the Defendant was in the trial; and (c) other various factors of sentencing as shown in the records and arguments, such as the Defendant’s age and family environment, and the circumstances before and after the instant crime, the sentence against

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.