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(영문) 서울동부지방법원 2016.11.11 2016노1286
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The judgment does not have much benefit from the Defendant’s acquisition of the instant crime, and the fact that the Defendant did not have the same criminal record may be considered as normal data favorable to the Defendant.

However, the defendant's crime of this case is significant in terms of the nature of the crime and the circumstances of the crime in collusion with the loan hub, by preparing a false lease contract, and by deceiving 60,000 won from the damaged bank.

Until now, damage has not been completely restored.

In addition, considering the above-mentioned favorable normal data, the sentence imposed by the court below is not severe, even if considering the above-mentioned favorable normal data, in light of the defendant's age, character and conduct, and criminal record.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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