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(영문) 인천지방법원 2015.01.09 2014노3772
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (eight months of imprisonment) excessively unreasonable.

2. The amount of damage in the instant case is not significant, and the Defendant has no record of punishment exceeding the same kind or fine, and acknowledges his mistake.

However, the defendant uses C's credit card without permission by using C's trust, illegal use of C's resident registration number, and it is not good to commit a crime by arbitrarily preparing a new contract for mobile phone service in C's name.

In addition, the damage has not been recovered, and the defendant has escaped during the first instance trial.

In full view of these circumstances and circumstances, the sentence imposed by the court below on the defendant is recognized as appropriate in light of the motive, background, means and consequence of the instant crime, circumstances before and after the instant crime, Defendant’s age, character and conduct, family relation, environment, occupation, etc.

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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