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(영문) 서울동부지방법원 2015.01.30 2014노1734
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (eight months of imprisonment).

2. Although there are some favorable circumstances for the defendant, such as the fact that the defendant first commits the crime of this case, his mistake is divided, the defendant appears to have committed the crime of this case by the request of H, and there is almost no profit acquired therefrom, and the defendant must support the parent of his parents and his family by living in his monthly house. However, in light of the fact that the crime of this case was committed in collusion with C as if the defendant had the right to return the lease deposit by preparing a false lease contract and then the act of receiving the loan from the victim as security is very secret, the crime of this case is bad, and although the amount of money acquired by the crime of this case reaches 50 million won, it is unfavorable for the defendant to recover most damages to the victim until now, and there is no other unfavorable circumstances such as the motive, means and result of each crime of this case, the situation, age, character, behavior, environment, etc. of the defendant after the crime of this case, and the sentencing guidelines of the Supreme Court has not been applied to the defendant, the defendant's assertion that the above sentencing guidelines of the defendant is too unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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