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(영문) 서울남부지방법원 2016.04.15 2016노107

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) shall be too unreasonable as to the summary of the grounds for appeal.

2. According to the records, it is recognized that the defendant has no record of punishment for the same kind of crime, and that he is against the law after recognizing the crime of this case.

② However, the crime of fraud of this case is committed by multiple persons in collusion with their duties, by preparing a false charter contract, etc., and by deceiving a financial institution in a planned and systematic manner, and thus, the crime is extremely poor in quality of the crime, and by abusing a public loan system to support the whole money of ordinary people, and the loss is ultimately caused to the general public. As such, there is a need for strict punishment. The Defendant took part in the crime, such as providing an accomplice with a certified copy, etc. of his resident registration as a means of crime, and directly attending the lending financial institution, and pretending the lessee, etc., even according to the Defendant’s assertion, it is divided into approximately KRW 10 million out of the acquired amount, and the acquired amount by the crime of this case is divided into approximately KRW 42 million,000,000,000 from the acquired amount, and the Defendant did not pay any damage to the name of the financial institution, and it cannot be deemed that the sentence of the court below is excessively unfair by taking into account all the circumstances constituting the condition for sentencing, such as

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