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(영문) 서울동부지방법원 2013.12.24 2013노1333
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with labor for up to eight months) of the lower court’s sentence against the Defendant is too unreasonable.

2. The Defendant appears to have committed the instant crime in favor of the Defendant, and the fact that the instant crime was not tried together with the judgment of the lower court that became final and conclusive, etc. are considered favorable to the Defendant.

However, between December 22, 2008 and December 30, 2010, the crime of this case was committed by the defendant 44 times by obtaining a total of 87,041,529 won from the victim as loans for hotel or container acceptance, and the crime is not good in light of the motive, circumstance, method and result of the crime, etc. In addition, some of the crimes of this case were committed during the period of the suspension of the execution of imprisonment with prison labor sentenced to the same kind of crime (However, the period of the suspension of the execution has already been over the period of the suspension of the execution of the execution of the sentence, which is not currently under the current suspension of the execution of the sentence), the damage from the crime of this case seems not to have been recovered, and there is no agreement with the victim. The defendant appears to have been sentenced to imprisonment with prison labor, one time suspension of the execution of imprisonment with prison labor, five times a fine before the crime of this case was committed, and the court below appears to have reflected the above favorable circumstances in all above circumstances.

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.

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