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(영문) 광주고등법원 2018.04.12 2017노499

특정경제범죄가중처벌등에관한법률위반(사기)등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years and two months of imprisonment) is too unreasonable.

2. The rationale behind the Defendant is that the Defendant’s mistake is divided, that there is no record of criminal punishment against the Defendant, that the victim company voluntarily surrenders to the investigative agency before filing a complaint, and that the victim company repaid KRW 50 million to the victim company.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant obtained a loan by forging an application for loan in the name of the victim company with an opportunity to have been employed as a person in charge of loan business, and the nature of the crime is grave, that the amount of damage exceeds the total amount of 50 million won, and that considerable part of the money acquired by the defendant through the fraudulent loan was raised with illegal gambling funds, such as private sports soil, etc.

Considering the above circumstances and other various sentencing conditions, such as the Defendant’s age, sexual conduct, environment, the circumstances leading to each of the instant crimes, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too unreasonable.

3. 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 groundless.