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(영문) 인천지방법원 2017.12.08 2017노3195
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to five million won) is too unreasonable (the grounds for appeal did not clearly specify the grounds for appeal, but the Defendant clearly stated that the grounds for appeal are unfair on the first trial date of the first trial). 2. Determination on the following grounds: (a) the Defendant confessions the instant crime; (b) his/her criminal act is divided; and (c) the amount of fraud is not more than KRW 7820,000,000,000,000,000 won; and (d) the reason for appeal can be considered favorably in determining punishment.

However, in light of the fact that the number of the instant fraud and attempted fraud committed by the Defendant using the physical card acquired by the Defendant is more than 80 times, that there are more than 20 criminal records against the Defendant, and that there are two times the number of penal punishments imposed by the same crime, and that there are no particular recovery of damage, even if considering the favorable circumstances as seen earlier, the sentence of the lower court is too unreasonable.

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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