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(영문) 인천지방법원 2015.01.30 2014노4358
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the defendant was waiting for committing the instant crime and was able to repent of the mistake; and (b) the fact that there is no particular force except for those sentenced to a fine twice.

However, even though the closure of the Defendant’s “C” is anticipated, in light of the circumstances leading up to the crime, such as receiving the money as a business fund, and delivering a considerable portion of the money to female-friendly organizations, etc., the crime is bad, and even though the total amount of damage exceeds KRW 79 million, it does not take measures to recover damage by reaching an agreement with the victim or paying the money to the victim up to the trial for three years after committing the crime, and the victim wanted to be punished by the Defendant, and taking full account of other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, character, environment, and circumstances before and after the crime, it does not seem that the lower court’s sentence 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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