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(영문) 창원지방법원 2014.07.23 2014노1051

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s punishment (six months of imprisonment) excessively unreasonable.

2. The crime of this case is a favorable circumstance, such as that the defendant purchased approximately KRW 30 million in the market price in the name of C without the consent of C by using the certificate of the personal seal impression of C, which is a type of punishment, and acquired by borrowing KRW 23.4 million from Hyundai Capital Co., Ltd. by taking the above vehicle as security, and the defendant recognizes all of the crime of this case and reflects it, and the defendant excluded the defendant from being sentenced to a fine for fraud before about 10 years, there is no separate criminal record and no criminal record subject to the punishment of suspension of qualification or heavier punishment, and the defendant does not want the defendant's punishment by agreement with C.

However, the amount of damage caused by the instant crime was not significant, and the Defendant repaid the amount of damage equivalent to the above loan up to the trial.

There is no evidence to acknowledge that there was efforts to recover damage, and according to the result of the application of the sentencing guidelines by the Sentencing Committee, the recommended punishment for the instant crime is between six months and one year and six months. The lower court sentenced six months of imprisonment, which falls under the lower limit of the above recommended punishment, and the lower court did not have any special circumstances or changes in circumstances that may be newly considered in sentencing after the sentence of the lower judgment, and even considering the Defendant’s age, character and conduct and environment, means and consequence of the crime, the circumstances after the crime, etc. and all the sentencing conditions specified in the records and arguments, it is difficult to see that the sentence imposed by the lower court is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

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.