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(영문) 인천지방법원 2013.11.29 2013노2673
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment of the lower court is too unreasonable in view of the gist of the grounds for appeal, the health of the accused and the fact that the victim’s entrustment of employment became the origin of a crime, etc.

2. Although the Defendant’s health is not good, and the fact that the Defendant is against the Defendant’s wrong judgment is favorable to the Defendant, it seems that the amount of damage acquired through the Defendant’s promise to find employment is not considerable in return, in light of the victim’s social and economic situation, and that there is a considerable number of sufferings. Nevertheless, the Defendant did not recover from damage to the victim up to the trial.

In full view of various sentencing data on the records of the instant crime, including the fact that some damage amount appears to have been used for gambling, and the fact that it was committed before the period of probation expires due to the previous violation, it cannot be deemed that the lower court’s punishment is excessively unreasonable even considering the circumstances alleged by the Defendant.

3. In conclusion, 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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