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(영문) 서울서부지방법원 2015.04.02 2015노53
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The instant crime was committed by taking part in the so-called fraud of the so-called work loan that a financial institution borrowed from a financial institution by using a false lease contract, and thus taking part in the lessee’s role, and the criminal law and the nature of the crime is inferior, and the amount of damage is not small, and most of the amount of damage is not recovered.

However, the court below's punishment is determined by considering all favorable circumstances to the defendant, such as that the defendant has no criminal power, the confession of the crime in this case, the defendant's actual amount used is KRW 40 million among the damage amount caused by the crime in this case, and the victim's insurance company paid KRW 8 million to the victim's insurance company in installments, and the remaining amount of damage is paid in installments, and there is no change of circumstances in the trial.

In addition, taking account of the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, and various conditions of sentencing as shown in the records and pleadings, such as circumstances after the instant crime, the lower court’s sentence cannot be deemed unreasonable.

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

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