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(영문) 서울서부지방법원 2014.08.12 2014노714
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 circumstances favorable to the defendant include: (a) the fact that the defendant made a confession of the crime and seriously reflects the fact that most of the frauds are considered to have been acquired by accomplices; (b) the equity with the case of the judgment at the same time as the judgment of the court below that became final and conclusive; and (c) the fact that there is no same power and only one time of fine except the above

However, the crime of this case is deemed to have been acquired by acquiring a mortgage loan from a financial institution by pretending that the defendant purchased an apartment house. The judgment of the court below against the defendant is appropriate in full view of all the factors of sentencing as shown in the argument of this case, including the following: the fact that the registration of the establishment of a senior mortgage in order to obtain a loan from the co-offenders is intelligent and interviewed; the amount of damage is up to 300 million won; the defendant did not agree with the victim or compensate for damage; there is no change of circumstances that may be special consideration in the trial; and the defendant's age, character, career, social relationship, etc. are all the factors of sentencing as shown in the argument of this case.

3. Therefore, 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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