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(영문) 서울남부지방법원 2014.01.23 2013노1995
사기등
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

Therefore, it is true that there are some circumstances to consider the defendant, such as the fact that the defendant is in depth divided his mistake, the fact that the defendant seems to have caused each of the crimes of this case in a very difficult situation, and the fact that the defendant has no power to commit the crime exceeding the fine.

However, the Defendant forged Chapter 2 of the real estate lease contract and acquired the sum of KRW 25 million from the victim by using it. Unlike the general loan fraud, the crime is very poor, the damage to the victim was not recovered, and the agreement with the victim was not reached between the victim. The court below determined the punishment in consideration of the circumstances favorable to the Defendant, and there are no special circumstances or changes in circumstances that may be considered in the sentencing newly after the decision of the court below, and other various circumstances that form the conditions for the arguments and the sentencing specified in the records of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances following the crime, are considered as the reasons for appeal, even if considering all the circumstances alleged by the Defendant and his defense counsel, it is not recognized that the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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