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(영문) 의정부지방법원 2014.05.15 2014노22
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment) to the point of the reasons for appeal is too unreasonable.

2. However, the defendant was the first offender, and approximately KRW 80 million out of the defrauded money was paid to the previous lessee as the refund of deposit, and the lessor was paid approximately KRW 17 million under the name of the victim. However, the victim of this case reached 7 persons, and the victim's damage amount to KRW 330,000,000,000,000 is large, and the defendant was not guilty of the planned fraud accompanied by the document forgery despite being a licensed real estate agent, and the defendant was not guilty of committing the planned fraud. The funds of this case appear to be the victim's whole property as the deposit of the victims, the damage was not recovered until now, and in light of all the sentencing conditions indicated in the records of this case, such as the victim's age, character and conduct, circumstances after the crime, etc., it cannot be deemed that the judgment of the court below against the defendant is too unreasonable.

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

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