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(영문) 서울동부지방법원 2017.02.02 2016노1724
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment does not seem to have acquired the victims' money with malicious intent from the beginning; the Defendant established the right to collateral security of the maximum amount of KRW 60 million for the victim D on October 22, 2015; the Defendant agreed with the victim K, J, and I at the court below, agreed with the victim K, J, and I, and agreed with the victim H at the court below; and the Defendant did not have any criminal record.

However, in order to avoid difficulties by borrowing money from the victims with no sufficient means to repay the existing debt, the defendant did not have any possibility of criticism by borrowing a large amount of money that reaches a total of KRW 190 million from the eight victims, and the defendant was unable to repay the amount of damage of this case except for a little amount of interest (as the procedure of individual bankruptcy and exemption against the defendant is in progress, there is no possibility of defense against the victims).

Considering the above, in this case, where the change in circumstances in the trial does not reach the degree of change in the punishment of the court below, the sentence of the court below cannot be deemed to be unfair because it is too large.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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