beta
(영문) 의정부지방법원 2017.12.18 2017노3168

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (eight months of imprisonment) is too unreasonable.

2. The crime of this case is a crime committed by taking advantage of the loan system of KRW 120 million from financial institutions by taking advantage of the aforementioned loan system by sharing the roles of many accomplices. This is a crime committed by taking advantage of the aforementioned loan system, which actually causes damage to the loan applicants who need the above loan system, and the method is planned and organized, and thus, the nature of the crime is heavy.

In addition, it is not possible to receive a letter from the damaged financial institution so that it can take part in the judgment of one party, and the damage is not recovered properly.

However, in view of the fact that the actual profits of the defendant seems not to be significant, that there is no history of punishment for the same kind of crime, that 7 million won was deposited for the victim when the defendant was in mind, as well as the motive, background, degree of participation, means and method of the crime, circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., the sentence of the court below is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendant's appeal is reasonable, and the judgment below is ruled as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as shown in each corresponding column of the judgment below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;