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(영문) 부산지방법원 2018.04.06 2018노481
사기등
Text

All appeals filed by the Defendants and by the Prosecutor against Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (misunderstanding of facts and improper sentencing) was working for a limited company, and there was no false certificate of employment.

2) The sentence of the lower court’s improper sentencing (one year of imprisonment) is too heavy.

B. Defendants B, C, and D (unfair sentencing: Imprisonment with prison labor for 6 months; Defendant C: imprisonment for 6 months; probation for 2 years; community service for 120 hours; Defendant D: fine for 2.5 million won)

C. The Prosecutor (as to Defendant A)’s sentence is too minor.

2. Determination

A. According to the records on the Defendant’s assertion of mistake of facts, Defendant A1 is recognized that the Defendant was working for L Co., Ltd. from April 30, 2014 to October 5, 2015.

However, as long as the defendant has prepared a false charter contract and a false real estate transaction contract, etc. and acquired a loan by fraud, it does not affect the establishment of each crime of this case even though the defendant does not prepare a false certificate of employment.

Therefore, the defendant's assertion of facts is without merit.

2) In full view of all the conditions of the pleadings and the records of the instant case including the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the lower court’s judgment exceeded the reasonable bounds of its discretion, in light of the following factors: (a) the lower court’s judgment on the unjust assertion of the sentencing by the Defendant and the Prosecutor, including the favorable circumstances (such as there is no record of criminal punishment) and unfavorable circumstances (a systematic and planned crime; failing to recover damage; and (b) the degree of coverage).

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the Defendant and the Prosecutor’s assertion are without merit.

B. The remaining Defendants are the defendants of this case.

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