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(영문) 춘천지방법원 강릉지원 2014.09.23 2014노320

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two months) of the lower court is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant made a confession of all the facts of the crime, that the profit gained by the defendant due to the crime of fraud is not significant, that the damage of the traffic accident is relatively minor, and that the victims of the traffic accident want to reach a relatively little consensus with the victims of the traffic accident and the victims of the victims of the accident.

On the other hand, the crime of this case is committed by the defendant by taking part in his role with his accomplices, deceiving a financial institution with a large amount of loan of KRW 149,40,00,000, and the criminal defendant escaped without taking relief measures, etc. even though he was involved in driving a motor vehicle, and the nature of the crime is bad. The above fraud loan is likely to disrupt the financial order of our society and inflict damage on another person, and there is a need to strictly punish it, and most damage to the crime of fraud has not been recovered.

In addition to the above various circumstances, considering the sentencing conditions in this case, including the defendant's age, occupation, motive, means and consequence of the crime, circumstances after the crime, the degree of the defendant's participation in the crime of fraud, and the sentencing against the accomplice, the court below's punishment against the defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.