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(영문) 수원지방법원 2017.04.28 2016노8095

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment) shall be too unreasonable as to the gist of the grounds for appeal.

2. The circumstances favorable to the defendant are that the defendant recognized his mistake and reflects the fact that the defendant had no record of punishment heavier than the fine prior to the crime of this case.

However, the crime of this case is a situation unfavorable to the defendant, such as the following: (a) the defendant, in collusion with the co-defendant B of the court below in a systematic and planned manner, obtained a loan from a financial institution by forging a lease contract, etc.; and (b) the nature of the crime is not good in light of the method and content of the crime; (c) the amount of damage is a considerable amount equivalent to KRW 77 million; (d) however, the damage was not recovered to the trial; and (e) the fact that

When comprehensively considering the above circumstances and the overall sentencing conditions of Article 51 of the Criminal Act, which were revealed in the records and changes of the instant case, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.

참조조문