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(영문) 서울서부지방법원 2014.11.07 2014노1242
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. The circumstances are favorable to the defendant, such as the fact that the defendant deposited part of the amount of damage on behalf of the victim, the fact that the defendant led to the confession of the crime, the fact that there is no same kind of power, the support of the child, and the fact that the son want to find the wife.

However, the crime of this case was committed in collusion with the so-called "work loan business operator" and acquired by taking out the whole deposit amount of KRW 80 million from the victim's financial institution as collateral in collusion with the so-called "work loan business operator", which is disadvantageous to the defendant, such as the fact that the nature of the crime is bad, that the full amount of the loan is used by the defendant, and that there is no agreement with the victim. The sentence of the court below is lower than the lower limit of the recommended type (one to two years) according to the sentencing guidelines, and all other factors of sentencing as shown in the argument of this case, such as the background of the crime of this case, the defendant's age, character and conduct, and social relation, are deemed appropriate.

3. Therefore, 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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