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(영문) 서울서부지방법원 2013.04.11 2012노1495
사기
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year and two months of imprisonment) is too unreasonable.

Judgment

The court below's punishment against the defendant is reasonable in full view of the following factors: although the defendant is found to reflect his mistake in depth, the 102 commercial building of this case is unable to pay the money at the time of the preparation of the loan certificate although there is no value of collateral because the purchase price is not paid, if the defendant agreed not to pay the money at the time of the preparation of the loan certificate, etc., he actively deceivings the victim as if the defendant paid the full amount of the purchase price, and the amount of fraud is considerably large to KRW 150,000,000, and the amount of damage has not been recovered until the trial has passed after eight years have passed since the crime was committed, and the amount of damage has not been restored to the trial of this case and the sentencing conditions shown in the records and arguments of this case. Thus, the defendant'

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.

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