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(영문) 인천지방법원 2014.11.21 2014노3385

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five months of imprisonment) by the lower court is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was aware of the crime of this case and his mistake was divided; and (b) there was no record of having been sentenced to a penalty exceeding the fine.

However, in light of the fact that the amount of damage to the crime of this case exceeds 30 million won, while the defendant paid part of the amount to the victim, this appears to have been to have been able to make investments in or lend more money to the victim with the belief of the defendant, and that there is no measure to compensate the victim for damage, such as an agreement with the victim or an additional repayment of money up to the trial after the public prosecution was instituted, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and behavior environment, circumstances before and after the crime, etc., are considered, it is not unreasonable for the court below to have imposed the defendant too much punishment.

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.