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(영문) 인천지방법원 2014.07.11 2014노1378
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the defendant was aware of the crime of this case and his mistake is divided is favorable to the defendant.

However, the court below was determined by fully considering the circumstances favorable to the defendant, and there seems to be no change in circumstances that could change the situation between the judgment of the court below and the punishment. The crime of this case is committed under the presumption that the defendant is smoothly promoting the business, and thus, the crime of this case was received money from many victims. The total amount of damage to the crime of this case is large to KRW 260 million, but the defendant did not take measures to compensate for damage, such as agreement with the victims or deposit of money, etc., even though the total amount of damage to the crime of this case exceeds KRW 260 million, the defendant has the history of being sentenced to suspension of execution, etc. several times due to the same crime, and other various sentencing conditions in the records and arguments, such as the defendant's age and happiness environment, the situation before and after the crime, etc., are 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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