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(영문) 서울중앙지방법원 2014.06.05 2014노1202

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main points of the grounds for appeal are the sentencing of each court below (the sentencing of the defendant A: the fine of 3 million won, the fine of 1.5 million won, and the fine of 1.5 million won).

2. There are extenuating circumstances, such as that the Defendants reflects the mistake of the Defendants in determining the grounds for appeal, the equity in the case where each of the crimes of this case and the judgment of Defendant A were adjudicated simultaneously at the same time, and the fact that the amount obtained by defraudation of Defendant B is a relatively small amount.

However, Defendant A’s each crime of this case is a case of receiving a loan from a victim by forging a lease contract. The method of the crime is intelligent and planned, which requires strict punishment; the amount of the crime is up to 1,190,00 won; the amount of the fraud is up to the total amount of 1,190,00 won; the Defendants failed to pay the amount of each damage up to the present day; Defendant A has two criminal records; Defendant A has the same criminal records; Defendant B has already been punished once in consideration of the favorable circumstances for the above Defendants; the lower court has already determined punishment in consideration of the circumstances favorable to the above Defendants; the lower court did not have any special circumstances or changes that may be newly considered in sentencing after the sentence of the lower judgment; and in full view of other various circumstances, including the Defendants’ age, character and behavior, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., it is not recognized that the sentence imposed by the lower court is excessively unreasonable.

3. The Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.