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(영문) 인천지방법원 2013.05.23 2013노956

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (six months of imprisonment) is too unreasonable.

2. The judgment is against the defendant's time to commit the instant crime, and the instant crime constitutes ex post concurrent crimes, but the amount of fraud is higher than 17 million won, the damage recovery has not yet been made up to the trial. In light of the fact that the court below is ex post concurrent crimes, considering the following factors: the defendant's age, character and conduct, background and result leading to the instant crime, the circumstances before and after the instant crime, etc., the sentence imposed by the court below is too unreasonable.

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