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(영문) 서울동부지방법원 2015.11.13 2015노1156

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. It is recognized that the primary criminal defendant, who is a judge, has committed a crime in the first instance and has violated his/her depth by committing the crime, and that part of the amount of damage has been repaid and has been endeavoring to recover from damage.

However, in full view of the following circumstances: (a) the instant crime committed by deceiving a victim by deceiving, deceiving, or concluding a guarantee agreement by means of false information about the purpose of use by using personal trust relationship; (b) the quality of such crime cannot be deemed to be somewhat weak; (c) the damaged amount to KRW 74 million; (d) the victims suffered considerable pain due to the loan and guarantee agreement received for the preparation of the borrowed money; and (e) the victims are suffering from considerable pain due to the Defendant’s age, career, environment, etc., the sentence imposed by the lower court is not deemed to be too unreasonable.

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