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(영문) 서울동부지방법원 2013.10.17 2013노1039
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and ten months of imprisonment) is too unreasonable;

2. The judgment of the court below, in lieu of the investigative agency, the court below, and the court of the trial, there are extenuating circumstances that consider the defendant's wrong attitude of committing the crime, such as that the defendant committed the crime at the time of detention for about 4 months, and paid about 45 million won to the victims as interest payment. However, despite the fact that the defendant did not have any ability to adjust D's shares, the crime of this case is not committed by deceiving victims (in page 64 of the investigation record) and by deceiving the victim about 280 million won, and the damage was not recovered until the court of the trial despite the maximum amount of damage, although it was the maximum amount, the damage did not have been recovered. The sentencing of the court below seems to have taken into account all favorable circumstances, and there is no change of circumstances that could change the age, character and environment, occupation, history, circumstances, means and circumstances before and after the crime of this case.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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