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(영문) 대구지방법원 2014.08.29 2014노1933
준사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year and nine months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Ex officio determination

A. Prior to the determination on the grounds for appeal by the Defendant and the prosecutor, the prosecutor applied for amendments to the indictment with the content that the part of the charges of this case 11 from 23 to 23 is modified as follows. Since this court permitted it, the judgment of the court below is no longer maintained.

B. Around December 21, 2011, the Defendant stated that “A loan cannot be made under the name of F in the name of F in the name of a person with bad credit standing,” and the victim may make a loan to the victim at a low interest rate when attending his/her place of work. Accordingly, the Defendant provided a loan to B along with the loan.”

Since then, the Defendant called the Internet lending brokerage company at the above time and consulted about the terms and conditions of loans, and then, at the “Sulmon Savings Bank,” the Credit Business Company received a total of KRW 183,280,000 from the “Sul Savings Bank” and acquired KRW 183,280,000 in total by receiving the money of the passbook kept by the victim or by receiving the money of the passbook from the victim from the same method from September 16, 2013 to September 16, 2013, as shown in the attached Table of Crimes, by informing the victim of the contact to the extent that the contact was made to confirm himself/herself at his/her own request.

3. Accordingly, the court below's decision on the grounds of ex officio reversal, and thus, the defendant and prosecutor's allegation of unfair sentencing.

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