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(영문) 서울서부지방법원 2013.10.22 2013노634
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (ten months of imprisonment and four months of imprisonment);

2. However, the fact that the Defendant confessions and reflects the instant crime, the crime of fraud against the victim E is a concurrent crime between the first head of the lower judgment’s crime and the latter part of Article 37 of the Criminal Act, and the fact that there are children who have to support the Defendant is a favorable sentencing factor for the Defendant.

However, fraud against victims E is about KRW 90,000,000, and the defendant is not aware of the fact that he was sentenced to two years of suspension of execution on April 25, 2008 due to fraud, etc. on or around September 201, he prepared a real estate lease contract and fraudulently acquired KRW 30 million from victims M and did not reach an agreement with victims. In full view of the various sentencing conditions shown in the argument of this case, the sentence imposed by the court below is determined within the appropriate scope of sentencing.

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. It is so decided as per Disposition.

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