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(영문) 서울서부지방법원 2015.01.23 2014노1524
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The major point of the grounds for appeal is that the sentence of the court below is too heavy;

2. Determination is that there are extenuating circumstances for the Defendant, such as the fact that the Defendant made a confession of an offense and seriously reflects the Defendant, that there is no same kind of power and only one fine, that is, the Defendant committed the instant crime beyond the suspicion of the so-called “work loan” business operator, and that there is a dependent.

However, the crime of this case is committed under the circumstances unfavorable to the defendant, such as the fact that the defendant, in collusion with the work loan business operator, submitted a forged charter contract and the business registration certificate to a financial institution, and acquired by fraudulent means KRW 100 million, which is not good in quality of the crime, the defendant acquired KRW 75 million out of the loan, the victim financial institution, and the damage has not been paid. In full view of the fact that the sentence of the court below is lower than the lower limit of the recommended type (two years to six years) according to the sentencing guidelines, there is no change of circumstances that may be special consideration in the trial, and all other factors of sentencing as shown in the argument of this case, the sentence of the court below against the defendant is proper.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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