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(영문) 인천지방법원 2019.02.01 2018노3917

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal is too unreasonable.

2. However, considering the fact that the Defendant lent the name of the Defendant in the instant fraud crime under the direction of Brazil and received part of the amount of damage, and that the amount of profit would be less than the amount of damage, and that the Defendant was not subject to a suspended sentence or heavier punishment, even if considering the fact that the instant fraud crime was committed by active methods, such as submitting false documents in the course of lending the financial institution, and thus, the amount of damage is considerable and has not been recovered, and the Defendant committed obstruction of another’s exercise of rights even after the instant fraud committed, the lower court, however, does not recognize that the lower court’s sentence is too unreasonable, taking into account the following circumstances, comprehensively taking into account: (a) the Defendant sentenced to a punishment lower than the lower sentencing criteria, taking into account the Defendant’s age, character and behavior, the background of the relevant crime, and the circumstances after the crime.

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