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(영문) 인천지방법원 2016.11.23 2016노3682

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (ten months of imprisonment) is too unreasonable;

2. Although there are circumstances that can be considered in light of the circumstances, such as the fact that the defendant's mistake is recognized and is against the defendant, the fact that there is no means of punishment for the same crime, the damage to the victim C was partially recovered (3.5 million won). However, even if the sum of the amount of the acquired money of this case exceeds 1.6 million won, most of the damages have not been recovered to the trial, and there is no special change in circumstances after the decision of the court below, and all the sentencing conditions shown in the records and arguments of this case, such as the defendant's age, character, character, occupation and environment, motive and circumstance of the crime, and circumstances after the crime, are considered, it is not recognized that the sentence of the court below is too unreasonable even if the above circumstances favorable to the defendant are considered.

Therefore, we cannot accept the defendant's above assertion.

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.