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(영문) 인천지방법원 2014.05.09 2014노370
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

2. The circumstances favorable to the defendant include: (a) the defendant was aware of the crime of this case and committed a mistake, and there is no record of being punished for the same criminal conduct or of having been sentenced to a fine exceeding the fine, etc.

However, in light of the fact that the lower court was determined by fully considering the circumstances favorable to the Defendant, and that there appears to be no change in circumstances that would change the type of punishment from the lower judgment, the total amount of damage to the instant crime is KRW 100 million, and most of them are not recovered, and other various sentencing conditions in the records and arguments, such as the Defendant’s age, criminal administration environment, and circumstances before and after the commission of the crime, 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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