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(영문) 서울북부지방법원 2016.11.24 2016노1690

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The sentencing of the court below (two years of imprisonment) is too heavy or unreasonable.

2. We examine both the defendant and prosecutor’s allegation of unfair sentencing as to the grounds for appeal.

In light of the fact that the amount of fraud obtained by the defendant through the criminal act of fraud is considerably larger than KRW 954 million in total, the defendant committed the criminal act by forging and using a document under the name of another person, which is significant in quality of the crime, and the victim Korean bank (hereinafter referred to as the "victim bank") did not recover from damage. However, there are circumstances unfavorable to the defendant, such as that the defendant did not reach an agreement with the victim Korean bank, K, and D, the defendant did not have any record of punishment for the same criminal act at the court below, and that there was no other history of punishment for the same criminal act, and all other sentencing circumstances as shown in the records and arguments, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, means and consequence, circumstances after the crime, etc., the sentencing of the court below is not deemed to be excessive or unfair.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.