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(영문) 인천지방법원 2014.09.26 2014노2299
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the Defendant was aware of the instant crime and the mistake was divided, and the instant crime was established on August 3, 2012 with the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the fact that it is necessary to determine punishment in consideration of equity with the case to be adjudicated at the same time under Article 39(1) of the Criminal Act is favorable to the Defendant.

However, even though the court below was determined by fully considering the circumstances favorable to the defendant, and it seems that there was no change of circumstances that would be different from the judgment of the court below, and the amount of damage to the crime of this case reaches KRW 50,000,000,000, in total over two years, the defendant paid the victim about 12,000,000 as interest, and did not take measures to compensate for damage, such as the victim's agreement or repayment of money, etc., and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and behavior environment, the situation 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 it is without merit. It is so decided as per Disposition.

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