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(영문) 수원지방법원 2015.09.23 2015노3922

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and three months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: the defendant led to the crime of this case when the defendant was in the trial; the amount of damage of this case is deemed to have been involved in the organized crime of the fraud lender due to economic difficulties; there is no record of punishment of the same kind in the past; there is a family member to support the crime of this case, even though the crime of this case was committed in collusion with the fraud lender by issuing a false lease contract, certificate of employment, etc. to the victim; it is not good in light of the law of the crime, etc.; the mobile phone opened in the name of the defendant is used as a loan hub of another loan loan fraud case; the cell phone is stored in the cell phone used by the defendant; there is no simple degree to contain the crime of this case; the damage amount of this case is a large amount of KRW 100 million; the victim did not reach the judgment up to the trial; the defendant did not reach the age limit of the crime of this case; the defendant's motive to recover from the crime of this case; and the circumstances that the court below did not make too much efforts to commit the crime.

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.