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(영문) 인천지방법원 2017.09.15 2017노1795
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.

2. The judgment has a favorable condition to the defendant, such as the fact that the defendant had no record of the previous crime in this case, and that there is a family member to support the defendant. However, in light of the method or circumstances of the crime in this case where the defendant deceivings the victim and let the defendant make an investment in the defendant company, and again made profits to the defendant company, the nature of the crime is not good. Nevertheless, the defendant did not have a strong attitude toward the crime up to the trial in this case. Even though the size of the damage in this case is reasonable, the defendant did not agree with the victim or did not endeavor to recover damage, and all of the sentencing factors in the argument in this case, such as the defendant's age, sex, sex, environment, health condition, motive and background, means and consequence of the crime, etc., it is not recognized that the sentence imposed by the court below is too unfair.

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

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