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(영문) 인천지방법원 2016.11.18 2016노3788
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. Although there are circumstances favorable to the defendant, such as the fact that the defendant acknowledges his mistake as a primary offender and reflects it, it is considerably significant that the fraud amount reaches a total of KRW 164 million, and even though it does not seem that the defendant made any effort to recover damage, it is not reasonable to consider all the sentencing conditions specified in the argument of this case, such as the defendant's age, character, environment, background, motive, means and consequence of the crime, size, frequency, relationship with the victims, etc., the sentence imposed by the court below 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.

(However, the facts of the crime in the judgment of the court below are clear that the "E department store" in Part I is a clerical error in the "J department store". Thus, it shall be corrected ex officio to the "J department store" in accordance with Article 25 (1) of the

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