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(영문) 광주지방법원 2013.10.30 2013노1688
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one year of imprisonment) is too unreasonable.

2. The judgment of the court below is that the defendant committed the crime of this case on October 21, 2008 when he was sentenced to a suspended sentence of two years on the ground that he committed the crime of this case on the following grounds: the period of running the game of this case is about 20 days; the period of running the game of this case is merely about 20 days; the defendant is recognized as not having a criminal record; the defendant, despite being aware that he had no criminal record, by deceiving 40 million won a victim Hyundai Capital Co., Ltd. without intent and ability to repay loans, the defendant did not agree with the victim; the defendant did not agree with the victim; the defendant was sentenced to a suspended sentence of two years on January 21, 2009; the defendant committed the crime of this case in the same manner as he was sentenced to a suspended sentence of two years on January 21, 2009; the court below seems to have determined the punishment by taking into account the circumstances favorable to the defendant; the defendant's age, character and behavior of the defendant, the circumstances leading to the crime of this case;

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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