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(영문) 인천지방법원 2019.05.16 2018노3066
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is that the punishment (4 million won of fine) imposed by the court below is too unreasonable.

Although it is more favorable for the Defendant to repay to the victim the amount higher than the amount obtained by defraudation stated in the facts charged, the Defendant’s assertion is not reasonable, taking into account the following circumstances: (a) the Defendant committed the instant crime during the same repeated offense period; (b) the Defendant was punished for fraud; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime; and (d) the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime; and (c) the circumstances after the crime

Therefore, the defendant's appeal of this case 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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