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(영문) 서울중앙지방법원 2018.10.12 2018노1732
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below (one hundred months of imprisonment) is too unreasonable.

2. It is recognized that the judgment of the court below led to the confession and reflect of the crime of this case as the first offender, and partly repaid the amount, or deposited for the damaged bank immediately before the decision of the court below.

However, the judgment of the court below is reasonable and reasonable in light of the following: (a) the amount obtained by deception as a result of the instant crime is KRW 90 million; (b) the Defendant deposited KRW 10 million and KRW 8 million on May 28, 2018; and (c) May 30, 2018 for the victimized Bank; (b) however, the sum of the repayment and deposit money falls short of each of the funds under the agreed interest rate and is short of the amount to recover the damage of the victimized Bank; (c) used the money borrowed from the victimized Bank mainly for the recovery of the damage; (d) appears to have been planned as a crime, such as closing of business on January 8, 2016, immediately after the loan; and (e) the Defendant’s age, sex, environment, circumstances leading to the commission of the instant crime; and (e) circumstances such as the amount of punishment after the commission of the instant crime; (e) the Defendant exceeded the reasonable scope of punishment; and (e) the judgment of the court below is more reasonable and reasonable.

subsection (b) of this section.

Therefore, the defendant's above assertion is without merit.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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