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(영문) 서울서부지방법원 2015.01.15 2014노1395
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) by the lower court is unreasonable.

2. The crime of this case was committed by taking part in the fraud of the so-called working loan by taking out the loans from financial institutions by using a false lease contract, and was committed by a lessee by taking part in the fraud of the so-called work loan, and not by agreement or recovery from damage to the trial. In addition, the defendant repeated the crime of this case during the period of repeated crime of the same kind.

In addition, the punishment of the court below is determined in consideration of the favorable circumstances such as the confession of the defendant to commit a crime, the depth is divided, and the amount actually used is less than the amount of damage, and there is no change in the situation in the trial.

In addition, considering the motive and background of the crime, the circumstances after the crime, the Defendant’s career, and the environment, various sentencing conditions shown in the records and pleadings, the sentence of the lower court cannot be deemed unfair.

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

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