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(영문) 수원지방법원 2013.07.25 2013노1910
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The Defendant asserts that the sentencing of the lower court (one year and six months of imprisonment) is too unreasonable.

2. According to the records, the following facts are considered: (a) the Defendant did not directly use the most of the money acquired by the Defendant from the victim to K; (b) the Defendant, through O, obtained a large amount of loans from the Defendant with respect to the land owned by the Defendant, carried out obligations en bloc; and (c) released the provisional attachment of the victim in the course of selling it again; (d) G, which had released provisional attachment at the same time as the victim, filed a complaint against the Defendant prior to the instant case; and (e) the instant case could have been tried simultaneously with the instant case, such as the crime of fraud, etc. for which the judgment became final and conclusive; (b) however, the instant case causes a large amount of damage exceeding KRW 100 million; (c) the victim was not recovered; (d) the victim was punished against the Defendant; and (e) the Defendant’s age, character and conduct, family environment, and criminal power were taken into account.

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

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