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(영문) 수원지방법원 2015.09.23 2015노4121
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below seems to have taken account of the fact that the defendant led to the confession and reflect of the crime of this case, the fact that the defendant was involved in the organized crime of the fraud lender due to economic difficulties, the profit actually acquired by the crime of this case seems to be equivalent to 28 million won, the fact that some of the principal and interest of the defendant was expected to have been repaid after this case, and that there are family members to support the crime of this case, the crime of this case is not good in light of the law of the crime, since the defendant obtained a false lease contract, certificate of employment, etc. with the victim in collusion with the fraud lender and delivered the victim a false lease contract, certificate of employment, etc., and the crime of this case is not sufficient in light of the law of the crime. The amount of damage of this case is not specified as 60 million won, not only did it reach an agreement with the victim up to the trial, but also did not recover actual damage, and there are several records of punishment for the same crime of this case, the defendant's age, character, environment, family relationship, motive and circumstances after the crime.

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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