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(영문) 서울북부지방법원 2017.01.20 2016노2461

사기

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by a year of imprisonment.

(2) the date of this judgment.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. After the first instance judgment was rendered, the Defendant repaid the full amount of damages to the Korea Housing Finance Corporation that the Defendant repaid on behalf of the victimized bank.

In addition, the lower court’s punishment against the Defendant is unreasonable in light of the following factors: (a) comparing the sentencing conditions as indicated in the instant case’s records and changes; and (b) comparing the sentencing grounds for the

Therefore, the defendant's argument of sentencing is reasonable.

3. If so, the judgment of the court below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading.

Criminal facts

The summary of the facts charged and the evidence against the defendant recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are cited 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;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Standards for sentencing under Article 62-2 of the Criminal Act, including observation of protection and community service order;

1. Persons who have been specially mitigated in the mitigation area (one year to two years): In cases where the punishment is not imposed or damage equivalent to a considerable portion has been recovered;

2. Main reasons for a stay of execution: positive - Where the person is not subject to a stay of execution or his/her considerable damage, general circumstances: There is no criminal record of a stay of execution or more.