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(영문) 서울남부지방법원 2016.11.18 2016노1625
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence of the court below (6 months of imprisonment with prison labor for the defendant A), the defendant B, E, and F, is too unreasonable.

2. Determination

A. 1) Unfavorable circumstances in common to the Defendants 1) - The instant crime is committed by multiple persons in collusion with each other to abuse the system of lending house leasing loan for the purpose of systematic and planned use, and there is a need for strict punishment since its nature is inferior. Inasmuch as the amount of damage caused by the instant crime is not repaid to 100 million won, most favorable circumstances - The Defendants recognized the instant crime - The Defendants deposited part of the amount of damage caused by the instant crime - The Defendants deposited part of the amount of damage each.

B. Defendant A) 1) - there is no other criminal record except for those subject to a fine once for the violation of the Establishment of Homeland Reserve Forces Act in 1993. According to the Defendant’s assertion, the amount acquired by the Defendant’s commission of the crime reaches KRW 18 million. Defendant B- Defendant B had the record of having been sentenced to three times a fine for the crime of this case at the time of the crime of this case, but there was no criminal record of the same kind. According to the Defendant’s assertion, the amount acquired by the Defendant’s commission of the crime of this case exceeds KRW 5 million. According to the Defendant’s assertion, the total amount of money deposited by the lower court for the payment of damages. Defendant E - Defendant E- the record of criminal punishment at the time of the crime of this case reaches 13 times, and the amount acquired by the Defendant during the period of repeated crime reaches KRW 3 million, and the amount acquired by the Defendant’s commission of the crime of this case reaches KRW 10 million,00,000 for the payment of damages, and the need to consider the equity.

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