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(영문) 서울동부지방법원 2014.07.04 2014노574

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant has divided his mistake into depth and reflected it, there are some extenuating circumstances to take into account the motive and circumstances leading to each of the crimes of this case, the defendant has no record of punishment except for the crime of gambling opening around 2007, and the defendant has no record of punishment, and the defendant has no record of health at present due to knee and hnee surgery. However, each of the crimes of this case has committed the crime of this case by deceiving about KRW 750 million in total under the pretext of payment without the intention or ability to pay the fraternity, and by taking it over KRW 21 million under the pretext of borrowing without the intention or ability to pay the fraternity, and even though there is a considerable amount of damage, the defendant has not received a letter from the victims until now or has not recovered the damage, the motive and result of each of the crimes of this case, the defendant's age after the crime, the defendant's personality and behavior, family relation between the defendant, and the records presented by the court below are not accepted.

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.

[However, it is clear that "(including I and J parts)" in the summary of the evidence of the court below is an error of "(including I and J parts)", and such error is corrected in accordance with Article 25 of the Rules on Criminal Procedure.