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(영문) 서울동부지방법원 2012.12.20 2012노1308

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., the form of punishment) by the lower court;

(a).

Crime: Imprisonment with prison labor for not less than six months, Decision No. 2-

(a).

Crimes: Imprisonment with prison labor of April is too unreasonable.

2. Article 2-B of the decision of the court below that the defendant was aware of and against each of the crimes of this case.

An agreement was made with the victim M of the crime of fraud described in paragraph 2-A of the ruling.

No. 1 of the Decision 1 that a passenger car, which is the damaged goods of the embezzlement crime as set forth in the subsection, has been temporarily returned to J as the injured party.

(a).

The crime of fraud listed in the judgment [criminal records] and concurrent crimes listed in the latter part of Article 37 of the Criminal Act should be considered at the same time in relation to the relationship between the crime and the crime of fraud, and the intent of the victim J to purchase the above vehicle with the intent to use it for the loan, and there are circumstances that can be considered in relation to the circumstances of the crime.

However, there is a history that the defendant has been punished several times for the same crime, such as fraud of insurance money, fraud of loans by taking advantage of another person's vehicle, and fraud of loans by taking advantage of a false lessee, and Article 2 of the ruling.

(a).

Part 1 of the Judgment that a crime described in subsection (1) was committed during the period of suspension of execution

(a).

In light of the fact that the court below did not recover damage to the crime as stated in the claim, the above circumstances favorable to the defendant appear to have been fully considered in sentencing against the defendant at the court below, and since the deposit of KRW 700,000 for the victim Hyundai Capital Co., Ltd. at the court below, but it does not seem that the damage recovery was made properly in light of the amount of damage, it is difficult to view that the defendant's age, character, character and environment, environment, power, family relation, occupation, etc. and all the conditions of sentencing as shown in the arguments are considered appropriate.

3. According to the conclusion, the defendant.