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(영문) 인천지방법원 2014.09.12 2014노1683

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (the defendant A: the imprisonment of 8 months, the imprisonment of 10 months and the imprisonment of 6 months) is too unreasonable; and

2. The fact that the Defendants were aware of the instant crime and the Defendants were able to repent of the wrong facts is favorable to the Defendants.

However, the lower court appears to have determined a sentence by fully considering the favorable circumstances for the Defendants, and it appears that there was no change in circumstances that would be different from the lower judgment, and the amount of damage caused by the fraud of this case is KRW 147 million. The Defendants did not take measures to compensate for the damage, such as having agreed with the victims or having repaid the above amount of damage (the Defendants alleged to have repaid a considerable portion of the above damage. However, according to the Incheon District Court Decision 2013Gahap1095 decided July 11, 2013 between the Defendants and the victims, at the time of the closing of the argument in this case, the Defendants still did not appear to have been subject to a suspended sentence of KRW 147 million, and KRW 300,000,000 after September 30, 2011, and KRW 147,000,000,0000,000,000,000,000,000).

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.