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(영문) 광주지방법원 2015.09.09 2015노1563
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. It is recognized that there is no evidence to prove that the Defendant recognized his mistake and reflects, and that the victim has made efforts to prevent illegal loans being made under the name of the victim, as in the instant case.

However, in light of the fact that the money ultimately reverted to the Defendant out of KRW 50 million is excessive to KRW 15.98 million, the remaining amount was remitted at the request of the broker, and the vehicle is not secured, the Defendant appears to have recognized that it was illegal loans in light of the fact that the Defendant did not raise any special objection, and that the damage suffered by the victim was a large amount of KRW 50 million, and that the damage was not recovered, etc., the court below’s punishment is too unreasonable, taking into account the circumstances leading up to the instant crime, the circumstances after the commission of the crime, the Defendant’s age, character and conduct, and environment, and other various sentencing conditions specified in the argument of the instant case, such as the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, etc., and thus, it is not recognized that the Defendant’s above assertion is

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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