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(영문) 서울서부지방법원 2013.12.17 2013노965
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy;

2. However, the fact that the defendant recognized all of the crimes of this case and reflected, and that the defendant in the investigation stage agreed with the victim K and N does not want the punishment of the above victims is favorable to the defendant.

However, even though the Defendant had the record of being sentenced to imprisonment for a crime of fraud, as stated in the first head of the judgment of the court below, he again committed each of the crimes in this case during the repeated crime period, and there was a record of being punished by a fine for embezzlement, alteration of private documents, violation of the Attorney-at-Law Act, etc.

or to resolve the debt of the victim K.

In full view of the various sentencing conditions shown in the argument of the instant case, including the fact that it is very bad to commit the crime by deceiving the victims to resolve the suspension of the business of the restaurant operated by the victim NB, and that there is no agreement with D, which is the victim with the largest amount of damage up to now, the sentence imposed by the court below is 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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