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(영문) 대전지방법원 2016.06.29 2015노3834

사기

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, two years of suspended execution, and 40 hours of community service order) is too unreasonable.

B. The prosecutor (in respect of the Defendants) sentenced by the lower court to the Defendants (one year of imprisonment, two years of suspended execution, and 40 hours of community service order) is deemed to be too uneasible and unfair.

2. The crime of this case is deemed to have been committed by the Defendants by preparing a false document and deceiving a financial institution and taking part in receiving a loan for the lease of money. In light of the content of the crime and the method of the crime, there is a significant responsibility in view of the law, the amount obtained by the Defendants, each of which is 42 million won, and the crime of this case is committed by the Defendants. The crime of this case is committed by abusing the system of public nature for the stabilization of the residence of ordinary people, and is not good to disturb the financial order, and there is no sufficient degree of participation in the crime. Defendant A provided the Ba of the spouse's name as the object of the crime of this case as the object of the lease of this case, and provided the money by taking the money by fraud from the bank, and paid it to G who is a loan broker. Defendant B arbitrarily consumed the money by taking the money by fraud, Defendant B did not pay most damages to the victims, Defendant A did not agree with the victims, Defendant A was subject to criminal punishment four times including a suspended execution twice, and criminal punishment against Defendant B.

On the other hand, the defendants are against the crime of this case. Each of the crimes of this case is led by G, the defendants appear to have participated in it, and the profits acquired through the crime of this case seems not to be significant by paying most of the defrauded money to G, and the defendant B is proceeding with individual rehabilitation procedure and paying a certain amount monthly amount to the damaged bank, and each of the crimes of this case is committed against the defendants.