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(영문) 인천지방법원 2014.02.20 2013노2905
사기
Text

The defendant's appeal is dismissed.

An application for remedy filed by an applicant for compensation added in the trial of the party shall be dismissed.

Reasons

1. The sentencing of the lower court (eight months of imprisonment) is too unreasonable.

2. In light of the fact that the Defendant was aware of and against the instant crime, but the amount of fraud reaches KRW 50,00,000, there were several records of punishment for the same kind of crime, the fact that there was no agreement with the victims up to the trial, the age, character and conduct of the Defendant, the circumstances and results leading to the instant crime, and the circumstances before and after the instant crime, etc., it is not deemed that the sentence imposed by 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 ground that it is without merit. It is so decided as per Disposition.

[The victim H filed an application for compensation order of KRW 25 million with this court on January 28, 2014, which was after November 19, 2013, which was the date of the closing of argument in the public trial of this case, but the application for compensation order was filed before the closure of pleading in the public trial (Article 26(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings).

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