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(영문) 광주지방법원 2015.09.22 2015노1341
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

Judgment

The crime of this case is a favorable circumstance where the defendant working for a securities company is under excessive pressure that the defendant would raise business performance from the company and made an investment in order to raise business performance, and there is a loss to the customer, and there is a circumstance to consider the motive by arbitrarily using the money deposited in other customer accounts to preserve the loss. The defendant has no record of criminal punishment so far, and the defendant is informed of all of his own crime to the damaged company.

However, the crime of this case was committed by forging and using private documents in the name of customers, such as the money table for entering money, as a professional worker working for a securities company. The defendant committed the crime of this case by forging and using an occupational opportunity to perform his duties. The number of such offenses is poor, the number of such offenses is high, the insurance money received by the damaged company from identity guarantee insurance, approximately KRW 250 million of retirement allowances not paid to the defendant, and about KRW 12 million of retirement allowances not paid to the defendant, which have been partially recovered, and there is no damage still recovered by the defendant's efforts, and there is no other damage recovered by the defendant's effort. The amount of damage is not less than KRW 60 million of the damaged company's age, character and environment, and the sentencing guidelines set forth in the records of this case (two years and eight years to seven years and nine years to nine): Imprisonment, from August 2 to 3000 to the minimum sentencing range of the fraudulent document (a single type of crime of less than KRW 500,500,5000).

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