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(영문) 인천지방법원 2017.04.14 2016노4991
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. That the fact that the injured party in the trial of the market is receiving full reimbursement of the amount of damage and does not want the punishment against the accused is favorable to the accused.

However, in full view of the following circumstances: (a) the method of deception of this case; (b) relationship with the victim; (c) fraud amount; (d) the user of the money by deception; and (e) a summary order of KRW 5 million was issued at the beginning of the instant case; and (c) a fine of KRW 3 million was imposed at the lower court; and (d) other various circumstances, which form the conditions for sentencing as indicated in the record, such as the Defendant’s age, sex and criminal conduct, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower

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

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