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(영문) 서울동부지방법원 2015.11.27 2015노1104

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court against the Defendant is too unreasonable.

2. It is recognized that the defendant was committed in the first instance by committing the crime, and that the defendant was committed against the wrongness, and that the victim and the court below agreed to do so smoothly.

However, in full view of the following circumstances: (a) the crime of this case was acquired by acquiring the borrowed money using personal trust relationship; (b) the amount of damage reaches KRW 20,000,000 and only agreed with the victim after five years have elapsed since the crime was committed; (c) the Defendant has a criminal record of having been sentenced one time to suspend the execution of the same crime; (d) there is no special circumstance to change the sentence of the lower court in the trial; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, career, and family relationship, the sentence imposed by the lower court is 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.