beta
(영문) 서울동부지방법원 2016.08.19 2016노712

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The fact that the Defendant partly compensated for the damage that occurred in the trial can be considered as normal data favorable to the Defendant.

However, the Defendant’s crime of this case was committed by acquiring money in close amount to KRW 70,00 from a financial institution by manipulating documents in collusion with the applicant for the loan and the illegal loan hubs. In light of the Defendant’s role, method of crime and the amount of damage, the Defendant attempted to conceal the crime by ordering the F, an accomplice, to make a false statement at an investigative agency, and most of the damages have not been recovered up to now, and other various sentencing conditions indicated in the record, such as the Defendant’s age and criminal record, the sentence imposed by the lower court is not heavy.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.