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(영문) 의정부지방법원 2013.08.22 2013노1018
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (ten months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too unreasonable in light of the gist of the grounds for appeal.

2. There are favorable circumstances for the defendant, such as the fact that the defendant has repaid more than half of the amount of damage, the fact that the defendant has smoothly agreed with the victim, and the defendant has divided his mistake.

However, in light of the circumstances unfavorable to the defendant, such as the fact that the amount of damage in this case is a large amount, the defendant presented a forged lease contract, etc. to the victim in a trust relationship as a security and continued to obtain a large number of defraudation over a long time, and the nature of the crime is not good, the defendant has the same criminal records, and the circumstances favorable to the defendant are deemed to have already been reflected in the original judgment, etc., and other factors of sentencing indicated in the records of this case, such as the circumstances of the crime and its methods, the age, character and behavior, home environment, etc., the sentence of the court below against the defendant cannot be

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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