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(영문) 인천지방법원 2013.12.20 2013노2807
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below against the defendant (two months of imprisonment and two years of suspended execution) is too unreasonable.

2. The judgment of the court below led to the confession of the crime of this case and the agreement with the victims, and that the crime of this case and the crime of fraud, which became final and conclusive on August 19, 2013, are the concurrent crimes under the latter part of Article 37 of the Criminal Act. However, the damage from the crime of this case exceeds KRW 92 million in favor of the defendant, and the defendant has the record of having been punished two times (one time of suspended execution and one time of fine) due to the same crime, and other factors of sentencing as shown in the records and arguments, including the defendant's age, character and conduct, the background and consequence of the crime of this case as well as the relationship with the victims, the circumstances after the crime of this case, etc., are adequate. Thus, the above argument of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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