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(영문) 의정부지방법원 2014.10.02 2014노1459
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. Although the Defendant appears to be against the recognition of the instant crime, and has contributed to society while operating facilities for the disabled for a considerable period of time, it cannot be deemed that the sentence of the lower court against the Defendant is too unreasonable in light of all the sentencing conditions indicated in the instant records, including the Defendant’s age, character, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., in light of the following: (a) the defrauded amount to KRW 200 million is large; (b) the damage has not been recovered (the victim, although setting a collateral on the real estate owned by the Defendant, priority mortgage exceeding KRW 570,000,000,000, exceeds the maximum debt amount; (c) the Defendant has been set up one time with prior priority over the establishment of a collateral mortgage over the real estate owned by the Defendant.

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

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