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(영문) 인천지방법원 2013.05.24 2012노3539
사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendant (a fine of four million won) is too unreasonable.

2. We examine the following facts: (a) all of the crimes of this case are recognized by the Defendant; (b) the amount of damage is relatively small; (c) fraud for which all the crimes of this case are recorded in the judgment below and the need to consider equity in cases where the judgment is to be rendered simultaneously pursuant to Article 39(1) of the Criminal Act.

However, even though there was a history of punishment several times due to the same crime, the defendant committed each of the crimes of this case repeatedly and repeatedly, and the nature of the crime is not weak, and the possibility of recidivism is also considerable, and the defendant did not agree with the victims, and did not make any effort to recover from damage. The crime of this case in comparison with other acts on the grounds of the "uncomforcing," which is the so-called "unforcing," by deceiving victims, and scambling alcohol and scams, etc., the nature of the crime is not easy, and other various sentencing conditions specified in the records and arguments, such as the defendant's age, happiness, family environment, and circumstances before and after the crime, etc., are taken into account, it cannot be deemed unfair for the court below's punishment against the defendant.

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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