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(영문) 서울북부지방법원 2015.06.19 2015노267
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not invite a mistake of facts with A to commit fraud.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 1,500,000) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant entered into a contract with A to sell the apartment owned by him on July 24, 2008. However, A only paid the down payment of KRW 20 million and the intermediate payment of KRW 125 million, but the defendant and A did not pay the remainder of KRW 76 million. The defendant and A entered into a charter contract with A on September 25, 2012. On September 25, 2012, A submitted the above charter contract and received a loan of KRW 157 million from the victim company. According to the above facts of recognition, A and A conspired to commit the above fraud by preparing a false charter contract with A and the victim company with knowledge that the defendant acquired money from the victim company as a loan for the entire loan.

B. Although there are no circumstances considering the circumstances, such as the first offender claiming unfair sentencing, the degree of the Defendant’s participation, and the fact that A did not obtain direct benefit therefrom, and the fact that A deposited 100 million won for the victim company, the nature of the crime is not weak, and the amount of damage is not small, the Defendant denies the crime in the trial, and the Defendant denies all the sentencing conditions indicated in the instant case, such as the Defendant’s age, character, character, environment, the background and consequence of the instant crime, and the circumstances of the instant crime, etc., the lower court’s punishment is too unreasonable.

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

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