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(영문) 서울남부지방법원 2012.12.06 2012노1234
사기
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to acquire money from the victim at the time of borrowing the money as stated in the instant facts charged.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too heavy.

2. Determination

A. As to the assertion of mistake of facts, the defendant and his defense counsel argued the same as the judgment of the court below, and the court below rejected the judgment on the above argument in detail. The judgment of the court below is just in comparison with the records of this case and the judgment of the court below. Thus, the above defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the Defendant did not have existed, but did not deny the instant crime, transfer the responsibility to the victim, and did not reflect, and considering the fact that the amount of damage caused by the instant crime does not recover the damage to the name even in the name of the Defendant, as well as the age, character, character, family environment, occupation, motive and circumstances leading to the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is not appropriate and harsh, considering the overall sentencing conditions as seen in the instant records and arguments, such as the Defendant’

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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