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(영문) 창원지방법원 2016.06.23 2016노337

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and ten months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the defendant led to his confession and reflects on the crime; (b) the defendant did not have any criminal record exceeding the same criminal record or fine; (c) the defendant did not use the loan to be used for personal purposes; and (d) the defendant used the outstanding amount of the loan to the transaction enterprise and the company's operating expenses. The crime of this case is acknowledged to have been obtained by deceiving public funds by abusing the settlement enterprise's purchase loan system, which is highly likely to social criticism; (d) the damage was recovered even though the amount of damage was not a large amount; or did not reach an agreement with the victim; and (e) other matters concerning the sentencing as shown in the defendant's age, occupation, sex, family environment, circumstances after the crime, and other records and changes, and thus, the defendant'

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.