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(영문) 인천지방법원 2013.05.24 2013노724
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 are favorable to the Defendant, such as the following: (a) the Defendant’s judgment was examined; (b) the Defendant recognized the instant crime as a substitute for the instant crime and reflects his mistake; (c) the Defendant appears to have partially repaid the amount of damage to the victim; and (d) the Defendant did not have any criminal record exceeding the same kind

However, in light of the following: (a) there is no change of circumstances that may be considered such as: (b) the amount obtained by deception as a result of the instant crime is the maximum amount of KRW 162,400,000; (c) the Defendant agrees with the victim or compensates for the additional damage up to the trial; (d) the victim is willing to punish the Defendant; and (e) other various sentencing conditions specified in the records and arguments, such as the Defendant’s age, family environment, and circumstances before and after the instant crime, the lower court’s punishment against the

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, among the reasoning of the lower judgment, the phrase “10 million won” in Part 14 of the Criminal Procedure Act means that “10,000,000 won” has been wrong, and it is apparent that there is a clerical error or any other similar error in the written judgment, and therefore, it shall be corrected ex officio in accordance with Article 25(1) of the Regulations on Criminal Procedure.

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