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(영문) 광주지방법원 2020.11.18 2020노2394
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. The judgment of the Defendant shows the form of recognizing and reflecting the crime.

The defendant paid 20 million won to the victim as interest, and has no record of being punished for the same kind of crime.

However, even though the management of the company became difficult, the defendant concealed it, used it from the victim for the management of the company, and acquired 100 million won under the name of the borrowed money, and the crime is not good in light of the method and contents of the crime, and there is a little amount of damage.

Although there is a lot of money acquired by the defendant, the defendant did not agree with the victim, and he did not recover the damage in addition to the payment of interest.

In addition, considering the Defendant’s age, character and conduct, environment, motive, means, consequence, etc. as shown in the records and pleadings, the sentence of the lower court is only within the reasonable scope of discretion, and it is difficult to view that it is unfair because it is too unreasonable.

Therefore, the defendant's assertion is not accepted.

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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