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(영문) 대구지방법원 2017.09.08 2017노2865
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that each sentence (Defendant B: imprisonment with prison labor for one year and eight months, and Defendant D: imprisonment with prison labor for ten months) declared by the court below to the Defendants is too unreasonable.

2. Determination

A. As to the Defendant’s assertion of Defendant B’s assertion, the following circumstances are favorable to the Defendant: (a) the Defendant recognized each of the facts charged of the instant case at the latest, and reflects it; (b) there is no criminal record exceeding the same criminal record or suspended execution; and (c) there is a minor child to be supported.

However, each of the instant crimes is a planned crime by which intelligent crimes are mobilized, and the fraud crime committed against financial institutions is transferred to other members of the society, so it is highly harmful to society.

The Defendant repeated each of the instant work loans for business purposes, and did not completely recover from damage, even though the amount of fraud or damage to each of the Defendant involved was considerably large.

The Defendant attempted to reduce his participation in each of the instant insurance fraud and each of the instant work loans by changing the investigative agencies to another time from the court to the court below.

In addition, considering the various circumstances revealed in the records and arguments of this case, such as the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable, and thus, the defendant's assertion is without merit.

B. As to the Defendant’s assertion, the Defendant is against the recognition of the facts charged in this case, and the relationship of concurrent crimes between the second and third criminal records among the records of the crime in the judgment of the court below and the latter after Article 37 of the Criminal Act should be considered at the same time in relation to the relationship between the latter and the latter, and the fact that there is a dependent, etc. is favorable to the Defendant.

However, the crime of this case is planned by using intelligent criminal law.

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