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(영문) 서울동부지방법원 2014.11.14 2014노1046
사기등
Text

The judgment below

Part on the 2 to 6th judgment of the court is reversed.

As to the crime of 2 to 6 of the judgment of the defendant.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (the sentence No. 1 and No. 7: imprisonment with prison labor for 2 months, and the sentence No. 2 to No. 6: imprisonment with prison labor for 1 year) is too unreasonable.

2. The judgment of the court below is an unfavorable circumstance to the defendant, while the defendant has forged a lease contract, resident registration certificate, loan certificate, promissory note, etc., and acquired a loan from the victims by using them, and the method and contents of the loan are not considerably good, and the amount of the fraud is very large of KRW 161 million. Nevertheless, the defendant has not received a letter from the victimO or has not completely recovered from the damage until now, and the defendant has committed some of the crimes of this case in the grace period without being aware of the suspension of the execution of imprisonment two times or more due to a similar veterinary act and a crime of fraud in 2012, and has been punished twice or more due to fraud. On the other hand, the defendant has been punished by a fine for negligence. On the other hand, the defendant has been divided in depth of his mistake, and the defendant has been paid KRW 20 million to the victimO in the court below, and the defendant has agreed only with the victim himself, and the defendant has agreed only more favorable motive and additional agreement between the victim and M&A.

In light of the above circumstances and some of the crimes of this case committed in each of the crimes of this case, including the concurrent crimes under the latter part of Article 37 of the Criminal Act, as well as the motive, means and result of each of the crimes of this case, various conditions of sentencing indicated in the records, such as circumstances after the crime, the defendant's age, character and conduct, intelligence and environment, and the sentencing guidelines of the Sentencing Committee by the Supreme Court, the sentence of the crimes of this case Nos. 1 and 7 in the judgment of the court below is too unreasonable, but the sentence of the crimes of this case is sentenced to the crimes

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