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(영문) 인천지방법원 2014.11.28 2014노3437
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 following facts are the circumstances favorable to the Defendant: (a) the Defendant committed the instant crime; (b) the Defendant committed the instant crime; (c) the Defendant paid KRW 21,50,000 out of the amount of damage; and (d) the instant crime is in a concurrent relationship between fraud finalized on May 17, 2014 and the latter part of Article 37 of the Criminal Act; and (b) it is necessary to determine punishment in consideration of equity with the case to be adjudicated simultaneously under Article 39(1)

However, in full view of the fact that the amount of damage to the crime of this case exceeds KRW 100 million, that the defendant did not take measures to compensate for damage, such as having agreed with the victim or having paid additional money up to the trial of the case, and other various sentencing conditions as shown in the records and arguments, such as the defendant's age and behavior environment, circumstances before and after the crime, etc., it cannot be deemed that the sentence of the court below against the defendant is 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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