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(영문) 인천지방법원 2016.04.29 2015노4820

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 10 million) against the Defendant is too unreasonable.

2. Although the defendant acknowledges all the facts of the crime and reflects on the judgment, the crime of this case is not less than the nature of the crime in which the defendant acquired money by means of a friendly relationship with the victim, and the amount of the fraud is not less than 26 million won but not completely recovered from the damage; the defendant is not agreed with the victim; the defendant has the records of punishment for the same crime; the defendant has the records of punishment for the same crime; and other various circumstances, such as the defendant's age, sex and environment, motive, means and consequence of the crime, etc., the punishment of the court below is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.