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(영문) 의정부지방법원 2014.01.23 2013노2361
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and two months of imprisonment) shall be too unreasonable; and

2. It shall be recognized that the circumstances such as the fact that the defendant has no criminal power for the same kind of crime, that part of the amount of damage appears to have been repaid, and that the defendant repents his mistake.

However, in light of the circumstances such as the fact that the amount of damage is large, the trace of efforts to recover most damages that have not been repaid is not peeped, and there is no agreement with the victim, the victim has lost his house at auction due to the crime of this case, and has a serious economic and mental suffering, such as the loss of his house at auction due to the crime of this case and the repayment of the loan interest, etc., and the equitable punishment with the accomplice E, the background leading to the crime, the background leading up to the crime, the defendant's age, character and behavior, family environment, and the circumstances after the crime, etc., the sentence of the court below against the defendant is too unreasonable.

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

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