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(영문) 서울중앙지방법원 2016.07.22 2016노1666

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The first deliberation penalty (one and half years of imprisonment) on the summary of the reasons for appeal is too unreasonable; and

2. The fact that the Defendant is divided into a mistake, and that there is no other criminal record in addition to the punishment of a fine once due to driving under drinking in 2009, etc., it is favorable for the Defendant.

However, by means of actively forging or falsifying documents, etc., the Defendant acquired loans from a group of employees working in the company, or consumed loans or repayments of workplace rent at will, and the amount of damage was also significant, the crime shown in the law and the result of the crime is not good, and no other court of appeal has any change in circumstances that make it impossible to recover damage to the appellate court, and there is no change in circumstances that make it possible to change the first deliberation punishment. In full view of the sentencing conditions of the Defendant’s age, sexual conduct, family relationship, motive and means of the crime, circumstances after the crime, etc., it cannot be deemed that one deliberation punishment is unfair because it is too too too unreasonable.

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.