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(영문) 인천지방법원 2013.06.27 2013노182
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the Reasons for Appeal, the Defendant’s sentence (one year and four months of imprisonment, and two years of suspended execution) is too unfford and unfair, in light of the following: (a) the damage of this case is very large; and (b) the victim merely listens to the language that the Defendant is able to attract capital in Hong Kong; and (c) even if the actual damage was not recovered, the victim expressed his intent not to be punished against the Defendant.

2. The circumstances that are disadvantageous to the Defendant include the following: (a) the details of the instant crime and the extent of damage; (b) the economic feasibility of the real estate-related business that the Defendant promoted and the possibility of attracting capital are unclear; and (c) whether it is possible to recover from future damage.

However, at the investigation stage, the victim agreed that the document of promissory note was issued by the defendant under his guarantee from the defendant, and the defendant submitted a written application to seek a preference against the victim several times from the court below to the trial court. The defendant led to the confession of the crime of this case, the defendant has no criminal power other than a fine once due to drunk driving, and other factors of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and behavior, family environment, motive, means and consequence of the crime of this case, and the circumstances before and after the crime, shall not be deemed unfair because the sentence of the court below against the defendant is too unreasonable.

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

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