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(영문) 서울중앙지방법원 2017.08.31 2017노911
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the court below on the defendant (two years of suspended execution, observation of protection and community service order 240 hours in one year and six months of imprisonment) is too unreasonable.

Judgment

The crime of this case was committed by the Defendant by deceiving a victim of the corporate value of H Co., Ltd., thereby setting up a mortgage of the maximum amount of KRW 450 million with the land and buildings owned by the victim as a security, and the nature of the crime was not good, and the damage was not small, and the victim prepared a loan certificate of KRW 300 million with L in order to prevent the execution of the mortgage of this case. The creditor L made a provisional seizure of the victim's other real estate with the claim claim (Evidence No. 23, 29 of the evidence record) (Evidence No. 23, 29 of the evidence record). The creditor made a voluntary request for auction to the creditor and withdrawn the auction (Evidence No. 21 of the evidence record). The defendant paid to L a creditor the above repayment amount of KRW 170 million with the above repayment amount of KRW 170,000,000 for the same kind of crime (Evidence No. 136 of the trial record).

However, the fact that the Defendant is recognized as committing the instant crime and is against the Defendant, the fact that the lower court agreed with the joint Defendant A, together with the joint Defendant A (section 516 of the public trial record), and the fact that the instant crime of fraud and the violation of the Commercial Act, etc., for which the judgment became final, need to be considered at the same time in relation to the concurrent crimes after Article 37 of the Criminal Act, is favorable to the Defendant.

In addition, considering the fact that there is no special change in circumstances that could change the sentence of the court below after the sentence of the court below, and the various circumstances that are the conditions for the sentencing as shown in the records and arguments of this case, such as the defendant's age, environment, sex conduct, motive of the crime, and circumstances before and after the crime, since the sentence of the court below cannot be deemed to be unfair since the sentence imposed by the court below is too unreasonable

In conclusion, the defendant's appeal is correct.

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