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(영문) 광주지방법원 2015.04.28 2014노2926
사기
Text

The judgment below

Of the crimes of No. 2 of the judgment of the defendant, the part concerning each of the crimes listed in the annexed Table 1 and 2.

Reasons

Summary of Grounds for Appeal

A. The punishment of the lower court (unfairly unfair) each of the crimes listed in [Attachment Nos. 1 and 2] among the crimes listed in [Attachment No. 2] of the lower court: imprisonment with prison labor for two months; the crime listed in [Attachment No. 1] of the holding; the crime listed in [Attachment No. 3 through 14] among the crimes listed in [Attachment No. 2]; the crime listed in [Attachment No. 3] is too unreasonable.

B. The lower court’s sentence (e.g., e., e., e., e., e., t

Judgment

A. In light of the fact that each of the crimes listed in [Attachment 2] Nos. 1 and 2 in [Attachment 2] among the crimes in the judgment of the court below, the Defendant repaid each of the loans to the court below after the crime committed, and repaid the entire amount of loans to Lone Star; the balance of loans to Hyundai Capital is KRW 1.7 million remaining; and Hyundai Capital does not want punishment against the Defendant, the sentence of the court below is somewhat unreasonable.

Therefore, the defendant's assertion of unfair sentencing is reasonable, and the prosecutor's assertion of unfair sentencing is without merit.

B. There is an unfavorable circumstance such as the crime No. 1, the crime No. 3 through No. 14 of the attached list of crimes among the crimes No. 2, and the crime No. 3, the Defendant committed the instant crime during the period of repeated crime after the execution of sentence was completed for the same criminal record, and the fact that some of the instant crimes are not sufficient to be committed by falsely preparing and exercising a certificate of employment, etc.

However, in light of the following: (a) the Defendant repaid the principal and interest of some loans; (b) the Defendant deposited a total of 5 million won in the trial of the Defendant’s money and the R&W Capital among the victims; and (c) the Defendant’s age, character and conduct, and circumstances after the crime; and (d) all the sentencing conditions specified in the instant records and arguments, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

In conclusion, the defendant's appeal against each of the crimes listed in [Attachment 1] Nos. 1 and 2, among the crimes listed in [Attachment 2].

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