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(영문) 수원지방법원 2016.01.28 2015노6720
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. In the event that there is no history of criminal punishment before the instant case, and there is no economic situation at the time, the Defendant appears to have committed the instant crime in the course of receiving a new loan from the victim dispatching Agriculture Cooperatives to lower the interest burden on the existing loan obligations, and the fact that his mistake is repented and reflected, etc. are favorable to the Defendant.

However, the crime of this case requires a third party to engage in the act as if the defendant was a guarantor of the joint and several surety of the debt of this case, and by deceiving the victim association by forging the name of the third party and making an application for the loan, and by obtaining a loan equivalent to KRW 200 million, and is not sufficient to commit the crime, and there is considerable damage to the victim union due to the crime of this case, and the damage is not recovered even recently, and in full view of all the sentencing conditions such as the defendant's age, environment and sexual conduct, it is difficult to see that the sentencing of the court below is too excessive and unfair, and the above argument by the defendant is without merit.

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

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