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(영문) 서울중앙지방법원 2013.12.13 2013노3300
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year, two years of suspended sentence, and probation) of the court below is too unreasonable.

2. Determination of this case requires the victim FF to take over the extension of G University.

In order to obtain a loan by taking advantage of the land purchased by the defendant's will as a security, it is false that he/she used 1 billion won, which is his/her own share, to obtain a loan from the victim as a collateral, and then wrongfully obtains a total of 58 million won for case expenses or appraisal and assessment expenses necessary for loan. The defendant led to a confession of the crime of this case and is 72 years old; equity in the case where he/she was tried with the crime of this case; he/she has multiple criminal records, such as circumstances favorable to the defendant; or criminal records of the defendant have been committed two times or more for the same crime; it does not mean that he/she belongs to the victim who is his/her will be punished by imprisonment with prison labor and construction; rather, he/she obtains a loan by taking out the land that he/she did not purchase, and obtains a loan as collateral, and it is not good that the victim actually received the necessary appraisal expenses; however, the actual damage amount actually repaid is 14 million won; records and circumstances of the crime of this case; and the motive and circumstances of this case;

3. 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.

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