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(영문) 인천지방법원 2014.09.12 2014노2055
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the defendant was aware of the crime of this case and was able to repent of the mistake, and that the defendant did not play a leading role in the course of the crime.

However, in light of the fact that the court below determined a punishment by fully taking into account the circumstances favorable to the defendant, and that there is no change of circumstances that could vary from the judgment of the court below, and that the defendant was a member of a credit information company in the past, it seems that the defendant would have sufficiently anticipated that "D" and "D" will receive a large amount of loan that may cause a problem on the ground of the defendant, and that the amount of damage to the crime of this case is close to KRW 75 million, but the defendant did not take measures to compensate the victims for damage, such as an agreement with the victims or repayment of money until the trial, and other various sentencing conditions specified in the records and arguments, such as the defendant's age and happiness environment, the situation before and after the crime, etc., are considered to be 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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