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(영문) 서울서부지방법원 2014.09.05 2014노898
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. The judgment is favorable to the defendant, such as the fact that the defendant made a confession of the crime and seriously reflects the crime, the fact that the defendant committed the crime of this case since the economic situation is not good, and the fact that there is no same kind of power and only one time of fine, etc.

However, the crime of this case is committed by taking account of the following factors: (a) the Defendant acquired a loan as a member of the lending fraud group and acquired a loan as a security; (b) the nature of the crime is bad; (c) the amount of damage is not specified as KRW 70 million; (d) the criminal proceeds acquired by the Defendant are also up to KRW 23 million; and (e) the Defendant agreed with the victim or did not compensate for damage; (b) the sentence of the lower court is lower than the lower limit of the recommended type (one to two years) according to the sentencing guidelines applicable to the crime of this case; (c) there is no change of circumstances that may be special consideration in the trial; and (d) other factors of sentencing as indicated in the argument of this case, such as the Defendant’s age, character and conduct, environment, and family relationship, the sentence of the lower court against the

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless. It is so decided as per Disposition

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