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(영문) 인천지방법원 2014.11.07 2014노3059
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment and eight months of imprisonment) of the lower court is too unreasonable.

2. The fact that the Defendant was aware of the instant crime and the mistake is divided, and that some of the instant crimes are concurrent crimes with those established on November 1, 2011 under the latter part of Article 37 of the Criminal Act, and that it is necessary to determine punishment in consideration of equity with the case where the judgment is to be rendered at the same time under Article 39(1) of the Criminal Act, etc. is favorable to the Defendant.

However, the crime of this case is deemed to have repeatedly acquired money against a large number of victims, and the crime of this case is not bad in the nature of the crime in light of the form and circumstances of the crime, and the total amount of damage to the crime of this case exceeds KRW 120 million. The defendant did not take measures to compensate the victims for the damage, such as repaying the money by agreement with the victims up to the trial. The defendant has the history of being sentenced to suspended execution, etc. due to the same crime, but the defendant seems to have a high risk of repeating the crime of this case again during the suspended execution period or during the suspended execution period, and other various sentencing conditions as shown in the records and arguments, such as the age and happiness environment of the defendant, the circumstances before and after the crime, etc., are considered to be too unreasonable.

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

(However) However, among the facts charged in the lower judgment, the phrase “21 times” at the end of the 2013 Height114 as “22 times,” and the phrase “1 January 1, 2011” as “1.1.1.,” respectively, is corrected as “22 times,” respectively.

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