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(영문) 서울남부지방법원 2014.01.23 2013노1951
사기
Text

The defendant's appeal is dismissed.

Reasons

Defendant

The gist of the grounds for appeal by the defense counsel is that the punishment imposed by the court below (six months of imprisonment) is too unreasonable.

Therefore, it is true that there are some circumstances that can be considered for the defendant, such as the fact that the defendant is in depth of his mistake, that the defendant has not been able to commit the crime exceeding the fine, that there is no power to commit the same kind of crime, and that the profit acquired by the defendant is about four million won due to the crime in this case.

On the other hand, however, the crime of this case is very poor that the defendant acquired a large amount of money of 60 million won from the victim bank under the name of a loan for the entire loan by using the weak points of the worker's loan system for the loan for the entire loan of the house, which was prepared to purchase houses of homeless workers, and although the defendant did not have a substantial profit acquired by the crime

Even if the defendant's role is necessary for the crime of this case, the defendant's responsibility cannot be deemed to be somewhat weak; the court below determined the punishment in consideration of the circumstances favorable to the defendant; and there are no special circumstances or changes in circumstances that may be considered newly after the decision of the court below after the decision of the court below; and taking into account other circumstances that form the conditions for the argument of this case and the sentencing specified in the records, such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, even if the defendant and his defense counsel asserted as the grounds for appeal, it is not recognized that the court below's punishment imposed on the defendant is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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