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(영문) 서울중앙지방법원 2014.05.15 2014노1127

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable that the punishment of 8 months sentenced by the defendant is too unreasonable.

2. There are circumstances favorable to the defendant, such as the fact that the defendant agreed in the court below's agreement with Hyundai Capital Co., Ltd., the fact that the victim E received KRW 28 million in the name of the wife in the auction procedure of apartment owned by the defendant, and that the defendant divided the wrong facts.

However, considering the above favorable circumstances, even if considering the above favorable circumstances, the sentence imposed by the court below is unreasonable, even if the court below is considered, in light of the following: (a) the apartment that the defendant provided as security to the victim E as security was acquired by deceptive act; (b) the amount not recovered from damage exceeds KRW 50 million; (c) the amount actually recovered from damage to the victim Hyundai Capital Co., Ltd. was not yet recovered; (d) the criminal history and the details of the defendant's punishment; and (e) all the sentencing conditions in the records and arguments and the scope of the recommended sentence guidelines of the Supreme Court sentencing guidelines (two months to four years for imprisonment).

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.