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(영문) 전주지방법원 2017.03.16 2016노1854
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and two months of imprisonment) is too unreasonable.

2. It is recognized that the defendant did not have any record of punishment exceeding the fine for the same crime, and that the defendant led to the conviction of the crime of this case, which led to the conviction of the defendant, and is against the mistake.

On the other hand, taking into account the following factors: (a) the Defendant’s illegal defraudation of the loans for the purpose of supporting start-up funds of low-income groups and thus is highly likely to be subject to criticism; (b) the amount of damage caused by the instant crime is a large amount; and (c) additional damage has not been recovered in the trial; and (d) the Defendant’s age, sex, environment, circumstances leading to the instant crime and motive leading up to the instant crime, and the circumstances before and after the instant crime, etc., the lower court’s punishment is too unreasonable.

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 appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, that “80 million won” of the 3th page 12 of the judgment below is changed to “80 million won”, and the judgment of the court below is corrected to “80 million won.”

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