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(영문) 서울동부지방법원 2016.07.15 2016노610
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unreasonable.

2. The determination that the Defendant was the primary offender, and that partially compensated for the damage can be considered as normal data favorable to the Defendant.

However, the Defendant’s crime of this case is significant in terms of the nature and circumstances of the crime, by preparing a false lease contract in collusion with the lender, and by deceiving the money exceeding KRW 80,00 from the damaged bank.

The defendant's acquisition of profits is rare, and most damages have not been recovered up to now.

In addition, considering the above-mentioned favorable normal data, the sentence imposed by the court below is not hot, even if considering the circumstances leading to the Defendant’s instant crime and the circumstances after the crime.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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