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(영문) 광주지방법원 2016.03.22 2016노110
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below (one year of imprisonment with prison labor for Defendant A and six months of imprisonment with prison labor for Defendant B) is too unreasonable.

2. In full view of the Defendants’ respective roles, the Defendants committed the crime of fabrication of fraud and document and did not recover damage to victims of brue, Defendant A played a leading role in the crime of this case, and Defendant A committed fraud again because it did not run one year after release even during the period of repeated crime of the same kind. Defendant B did not have contributed to the crime of this case, such as recruiting direct loan applicants and deceiving the victims. In full view of other various circumstances, including the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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