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(영문) 인천지방법원 2013.03.29 2012노3426

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 punishment against the Defendant (two years of imprisonment, one year of imprisonment) is too unreasonable.

2. We examine the following facts: (a) the Defendant recognized all of the instant crimes and reflects his mistake; and (b) there is a need to consider the equity in cases where a judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act with regard to the crimes for which some of the instant crimes and all the criminal facts stated in the judgment of the lower court have become final and conclusive.

On the other hand, the crime of this case was committed by acquiring large amounts of money continuously for a considerable period of time by using the victim's strong mind that the defendant pretended to enter university or college or to promote her husband with his academic background and position, and the crime of this case was committed. ② The crime of this case was committed by the defendant, ② the money acquired by the defendant was committed as entertainment expenses, such as gambling and horse racing, ③ the defendant was punished for the same crime in around 2004, ④ although the defendant was punished for the same crime, ④ the defendant was punished for the crime of violation of the Act on the Control of Narcotics, etc. (fence) at the Seoul Central District Court on June 30, 201, the crime of this case was sentenced to imprisonment for 1 year, suspended sentence for 2 years, and was sentenced to punishment for the crime of violation of the Act on the Control of Narcotics, etc. (fence) at the Seoul Central District Court on June 30, 201, and was committed again during the suspended sentence, ⑤ The victim's damage exceeded 210 million won, but did not endeavor to recover the victim's damage.

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.