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(영문) 인천지방법원 2012.11.23 2012노2825
사기등
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 (five months of imprisonment) against the Defendant is too unreasonable.

2. The judgment is based on the following circumstances: (a) the Defendant recognized all of the instant crimes and reflects the Defendant’s mistake in depth; (b) the Defendant paid KRW 1 million to the victim D; and (c) the amount acquired by the Defendant was not significant (total of KRW 870,00).

However, the Defendant’s repeated use of the credit card, which was stolen from an entertainment drinking house, etc. for about eight hours after the theft of credit card, is not less than the nature of the crime in light of the method and frequency of the crime. ② On February 8, 2011, the Defendant was sentenced to imprisonment with prison labor for night structure intrusion larceny in Busan District Court for ten months at the Busan District Court on October 21, 201, and was punished by imprisonment with prison labor for the same time as that of the crime of this case on the part of Seongdong-gu District Office on October 21, 201. ③ The Defendant did not agree with the victims of the crime of this case by failing to recover damage to the victims of the crime of this case up to the trial, ④ the Defendant had the criminal records sentenced several times with the previous sentence, and the Defendant’s age, character, family environment, and circumstances before and after the crime, etc., it cannot be deemed that the Defendant’s punishment against the Defendant is too unfair.

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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