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(영문) 대전지방법원 2013.07.11 2013노971
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of one-year imprisonment imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The judgment is based on the fact that the defendant divided his mistake and has no record of punishment for the same kind of crime, but the crime of this case is recognized, since the defendant used the lease deposit received from the victim for the purpose of business other than the original purpose of repaying the obligation of collateral security to pay the obligation of collateral security, the crime of this case is ultimately suffered damage equivalent to the lease deposit, and the nature of the crime is not good, the victim wants to punish the defendant, and the victim does not make no effort to recover the damage even though the amount of damage caused by the crime of this case is reasonable, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and behavior, environment, motive, means and result, the sentencing of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

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

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