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(영문) 대구지방법원 2014.04.25 2013노2376
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The crime of this case was committed on July 21, 201 by the Defendant issued a false commercial building lease agreement and a business registration certificate, deceiving a financial institution, and the quality of the crime is poor. However, the Defendant confessions and reflects all of the crimes of this case, the Defendant was sentenced to two years of suspension of the execution of imprisonment for larceny, etc. at the Daegu District Court on July 21, 201 and the judgment became final and conclusive on December 30, 201. On July 19, 2012, the Daegu District Court sentenced five months of imprisonment with prison labor for night residential intrusion larceny, and the judgment became final and conclusive on September 25, 2012. The crime of this case is committed in the above concurrent crimes under the latter part of Article 37 of the Criminal Act, and the crime of this case should be considered at the same time in light of the circumstances where the Defendant is in an economically weak life as a basic living recipient, and the Defendant appears to have been granted the Defendant’s motive and condition of loan under the name of the Defendant’s loan.

3. Since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision shall be rendered after pleading.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are all the same as the facts stated in the corresponding column of the original judgment, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Criminal facts;

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