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(영문) 수원지방법원 2013.09.12 2013노2587
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On the summary of the grounds for appeal, the defendant asserts that the sentence of the court below (two years of imprisonment with prison labor for six months, two years of probation, and one hundred and sixty hours of community service order) is too unreasonable, and the prosecutor asserts that it is too unreasonable.

2. The circumstances that are favorable to the defendant, such as the fact that the defendant recognized the defendant's mistake and reflects it, that the defendant had no specific history of committing the crime for the last 13 years, that the crime of this case was so-called borrowed money fraud, and that the criminal intent of this case was not confirmed, that the defendant paid 3.4.9 million won to the victim C, that the defendant deposited 1.5 million won to the victim, and that he made efforts to pay for damage, such as deposit of 1.5 million won for the victim G, etc., are seen, most favorable circumstances and these circumstances are considered in the court below, and most of these circumstances are considered in the court below, and there are records of the same crime including suspended execution, and that the crime of this case committed by the defendant was obtained from the victims who have inconvenience in body (the victim C10 million won, the victim G3.4 million won, and the victim G3.4 million won), and the circumstances and circumstances of the crime of this case, the defendant's age and character, family relation, occupation, etc., are considered in light of the records or too unfair sentencing.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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