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(영문) 서울서부지방법원 2015.01.15 2014노1489

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is unreasonable.

2. The crime of this case was committed by taking part in the systematic crime of acquiring a loan from a financial institution by using a false lease contract, and the nature and circumstances of the crime are heavy, and the recovery of damage was not completed until the end of the trial.

However, in light of the following: (a) the Defendant was at the time of the trial and agreed on the part of the amount of damage to the victim, who was subrogated for the victim, and the creditor of indemnity, the creditor of indemnity; (b) the confession of the crime and the depth of the crime continues to exist; and (c) there is no other criminal records other than the one suspended execution due to the violation of the Military Service Act; and (d) the motive and background of the crime; (b) the circumstances after the crime; and (c) the Defendant’s age and environment, etc., and

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, it is quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor for selection;