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(영문) 서울고등법원 2015.01.22 2014노3381
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, three years of suspended execution, and 120 hours of community service order) declared by the court below is too unreasonable.

2. Determination is against the defendant's timing and mistake of the crime of this case, and there is no record of criminal punishment other than three times prior to the crime of this case. The defendant used the funds borrowed from the Korea Agriculture and Fisheries Corporation for the operation of the agricultural partnership, not individual purposes, and most of the domestic processing raw materials purchase records agreed at the time of receiving the loan. Although the loan of this case is in the form of exchange, the loan of this case was disposed of with other nominal loans, and the prior mortgage was established on the real estate owned by the defendant in the name of the victim with regard to the real estate owned by the agricultural partnership of this case, the amount equivalent to the future damages will be compensated. The defendant has contributed to enhancing the competitiveness of the agricultural, forestry, and food industry through the agricultural development and farmers' education while operating the agricultural partnership.

However, since the crime of this case was committed by the defendant by deceiving the victim by borrowing KRW 1.912 million from the victim by deceiving the purpose of the loan, it is not less than that of the crime in light of the method of crime and the amount of damage, etc., and since the victim wants to punish the defendant, it is necessary to take the corresponding criminal liability against the defendant. As such, the punishment sentenced by the court below is the fact that the execution of the punishment of this case was suspended and the community service order was rendered more than 120 hours within the scope of the punishment mitigated, the punishment of this case is deemed to be sufficiently taken into account the above favorable circumstances, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime.

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