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(영문) 창원지방법원 2019.05.29 2018노2833
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 10 million) of the lower court is too unreasonable.

2. The following circumstances are favorable: (a) the Defendant recognized the instant crime and reflects on the fact that the Defendant was punished twice by a fine; (b) the Defendant has no record of criminal punishment except for those punished by a fine; (c) partially or fully returned the amount of unemployment benefits illegally received by lending the Defendant’s name to the Defendant; and (d) the Defendant appears to have no economic benefits acquired by the instant crime; and (c) there are significant social harm, such as the aggravation of the soundness of the national finance and the occurrence of damage to the legitimate receiving authority of unemployment benefits; and (d) the instant crime was committed by soliciting the Defendant to her relatives, etc., and was unlawfully obtained by denying the amount equivalent to KRW 50 million from lending his name; and (e) the crime was committed in light of the relevant law and the scale of damage, etc., that is disadvantageous.

In this context, considering the sentencing conditions, such as the Defendant’s age, character and conduct, circumstances leading to the Defendant’s crime, means and consequence, the sentence of the lower court cannot be deemed to be unfair because it is too unreasonable.

There is no reason to view that the sentencing conditions have changed in the appellate court.

Therefore, the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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