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(영문) 인천지방법원 2015.04.17 2015노786
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. The fact that the Defendant confessions and reflects each of the instant crimes, and the fact that each of the instant crimes was committed by the Defendant on October 7, 2014 by imprisonment with prison labor on November 28, 2014 and concurrent crimes under the latter part of Article 37 of the Criminal Act, which became final and conclusive on November 28, 2014, should be considered in consideration of equity with the case where the judgment is to be rendered simultaneously in accordance with Article 39(1) of the Criminal Act.

However, each of the crimes of this case committed by the defendant by deceiving the victim for a long time, which is not bad in the nature of the crime, in light of the circumstances of the crime, period, means and methods, etc., the total amount of damage caused by each of the crimes of this case is not less than 36.4 million won, and most of the damage has not been recovered until the trial is the case. The defendant has been sentenced to a fine for the same crime and a suspended execution, and the defendant has committed some of the crimes of this case without being aware of it during the suspended execution period, and committed some of the crimes of this case without being aware of it during the suspended execution period, and other various sentencing conditions as shown in the records and arguments, such as the age, behavior and environment of the defendant and the circumstances before and after the crime, it is not unreasonable

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

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