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(영문) 인천지방법원 2015.09.11 2015노1796
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty imposed by the court below on the defendant (three million won of a fine) is too unreasonable.

2. In full view of the favorable circumstances that the Defendant recognized the instant crime and reflects on the fact that the Defendant had a record of punishment for the same kind of crime, that the Defendant has not recovered from damage caused by the instant crime, that there is no special circumstance or circumstance newly considered after the sentence of the lower judgment, and that there is no change in the amount of fraud, the amount of fraud, the character and conduct of the Defendant, the environment of the Defendant, the relationship to the victim, the motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the sentence imposed by the lower court against the Defendant is deemed to be adequate.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

[However, since Article 70(1) of the Criminal Act on the confinement of work site in the application of the law of the court below is obvious that it is a clerical error, it shall be corrected to "Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014)".

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