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(영문) 인천지방법원 2016.10.21 2016노1761
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 2,00,00) of the lower court against the Defendant is too unreasonable.

2. In full view of the following circumstances: (a) the Defendant recognized the facts of the crime; (b) there is no record of punishment for the same crime; (c) the total amount of the fraud is relatively small amount; (d) the nature of the crime is not easy by deceiving the money through active deception; (e) the damage is not recovered; and (e) there is no special circumstance or change of circumstances that may be considered in the sentencing after the decision of the lower court was rendered; and (e) other circumstances that are conditions for sentencing as indicated in the record, such as the Defendant’s age, character and conduct and environment, motive, means and consequence of the crime; and (e) the circumstances after the crime was committed, the Defendant’s assertion

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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