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(영문) 인천지방법원 2013.07.04 2013노1301
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (one year and four months of imprisonment) is too unreasonable.

2. Although the determination is based on the following facts: (a) the Defendant led to confession; (b) the Defendant repaid approximately KRW 65 million out of the amount of damage; and (c) the fact that there is no criminal history, other than punishment for minor fines twice, is favorable to the Defendant.

However, as the defendant lends money to another person at an interest rate, it is difficult to conclude that the sentence imposed by the court below is unreasonable in light of various circumstances, including the motive and circumstance leading to each of the crimes of this case, the situation before and after the crime of this case, the defendant's age, character and conduct, environment, occupation and family relations, etc., and the punishment of the court below is too unreasonable, considering the following: the defendant's deception and circumstance leading to each of the crimes of this case; the defendant's age, character and conduct, occupation and environment, occupation and family relations, and the amount of money is the same as the whole property of the victim; the defendant has been well aware of the damage caused by the crime of this case; the amount of the damage not yet recovered is considerable and there is little possibility that it will be repaid in the future.

3. As such, 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.

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