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(영문) 인천지방법원 2019.02.15 2018노1515

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not more than four months, one year of suspended execution, and 80 hours of community service) of the lower court is deemed to be too uneasible and unfair;

2. In full view of the following: (a) the Defendant intentionally deceiving a lending institution and did not fully repay the amount equivalent to KRW 14.6 million; and (b) even if considering that the amount of damage was a considerable amount, the Defendant’s negligence is deemed to be committed on part of the victimized bank which neglected the examination during the loan process of this case; (c) the Defendant did not have the same criminal record and was punished by a fine of a small amount; and (d) other factors of sentencing as indicated in the records, such as the Defendant’s age, character and behavior, environment, circumstances surrounding the crime, and circumstances after the crime, it is not recognized that

3. In conclusion, the prosecutor'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.