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(영문) 인천지방법원 2017.07.21 2017노654
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and eight months of imprisonment) against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The Defendant asserts that, on January 20, 2016, he/she paid KRW 47 million to the victim C, either directly or through R orO, and that, on the other hand, he/she paid KRW 1,140,000 to the victim’s house construction seal and paid KRW 6,4140,000 in total by paying KRW 6,000,000 in lieu of the victim’s insurance premium.

However, at the time of the police investigation on May 11, 2016, the said victim received payment of interest KRW 4 million and principal KRW 8 million from the Defendant.

Only a statement.

In light of the materials submitted by the Defendant at the trial alone, it is difficult to find out whether the damage was recovered due to the said money claimed by the Defendant, and thus, it is difficult to actively consider the circumstances favorable to the Defendant), and other various circumstances, which include the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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