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(영문) 인천지방법원 2014.10.24 2014노1880
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unreasonable.

2. The circumstances favorable to the Defendant include the following: (a) the Defendant led to the confession and reflect of the instant crime; (b) paid approximately KRW 3.75 million out of the installments to be loaned; (c) deposited KRW 1.6 million against the victim Hyundai Capital Co., Ltd. at the lower court; and (d) there was no record of punishment for the same kind of crime.

However, in light of the circumstances and contents leading to the instant crime, such as deceiving Hyundai Capital Co., Ltd. of the victim without the intent to purchase and use the vehicle from the beginning, and immediately transferring the vehicle purchased as above to a third party, etc., the crime quality is inferior; the amount of fraud is the large amount equivalent to 24 million won; the damage recovery measure has not been taken up until the trial; and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, family environment, conditions before and after the crime, etc., the sentence against the Defendant is too unreasonable.

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

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