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(영문) 인천지방법원 2015.09.11 2015노2657

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 (two million won of fine) is too unreasonable.

2. The following facts are favorable: (a) the fact that the Defendant made a confession and reflects all of the instant crimes; (b) the amount of fraud was not significant; and (c) the instant crime was committed on February 12, 2015 by the Defendant after having been sentenced to six months of imprisonment by the court on April 25, 2015 and the concurrent crimes under the latter part of Article 37 of the Criminal Act; (b) the fact that consideration of equity is to be given to the case at the same time under Article 39(1) of the Criminal Act is more favorable; (c) on the other hand, the damage has not been recovered or not agreed with the victims; (d) the history of criminal punishment for the same crime has reached 20 times, and in particular, on December 13, 2012, the Defendant committed the instant repeated crime during the period of imprisonment with prison labor for fraud on July 13, 2013; and (e) the Defendant’s age and behavior environment records and circumstances before and after the execution of the sentence were considered too unfair sentencing for the Defendant.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.