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(영문) 인천지방법원 2013.08.16 2013노1574
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized all of the crimes of this case and reflects his mistake; and (b) the defendant has no record of punishment in excess of the same kind and fine.

On the other hand, the court below seems to have set a sentence by fully considering the circumstances favorable to the defendant, and there is no change of circumstances that could differ from the judgment of the court below, such as agreement with the victim or repayment of damage until the court below is the case. In full view of the fact that the amount obtained by deceit due to each of the crimes of this case exceeds about 86 million won in total, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, happy family environment, circumstances before and after the crime, etc., the sentence against the defendant is too unreasonable.

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.

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