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(영문) 인천지방법원 2016.12.16 2016노4344
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months) of the lower court against the Defendant is too unreasonable.

2. The judgment of the court below is based on the fact that the defendant made a confession of criminal facts and reflects the criminal facts, and that the defendant has no penalty power to impose a fine exceeding the fine. However, if it is acknowledged that the amount of fraud is not small and the damage is not properly recovered, and it is not agreed with the victim, and if it is comprehensively taken into account other various circumstances that are conditions for sentencing as shown in the records, such as the defendant's age, character and conduct, character and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the defendant's argument is without merit.

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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