logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 2017.01.18 2016노676
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below against the defendants on the summary of the reasons for appeal is unfair because it is too unreasonable that the sentence is imposed (the sentence of imprisonment of 2 years and 3 years and the suspended sentence of 2 years).

2. Determination

A. The Defendant recognized all of the instant crimes against Defendant A, and there is a need to consider equity with the case where the instant crime is concurrent crimes with the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which became final and conclusive. The fact that the Defendant has no specific record of committing

However, the crime of this case was committed by acquiring a guarantee from the Korea Technology Credit Guarantee Fund by abusing the corporate purchase fund lending system prepared for the activation of transactions between companies and obtaining a loan of approximately KRW 6.9 billion from financial institutions. In light of the method of crime and the scale of crime, etc., the criminal liability of the defendant is heavy; the damage caused by the crime of this case was not completely recovered; and other various sentencing conditions specified in the argument of this case, such as the defendant's age, sexual conduct, family relation, criminal record, and circumstances after the crime, are considered comprehensively, the sentence of the court below is too unreasonable.

B. The circumstances favorable to the Defendant include: (a) the Defendant recognized all of the instant crimes against Defendant D; (b) the damage from the instant crime was recovered to a considerable extent; and (c) the Defendant did not have any criminal record exceeding the same criminal history or fine.

However, the crime of this case is weak from financial institutions after the defendant has been issued a guarantee by the Korea Technology Credit Guarantee Fund under the Act on Processing Transactions by abusing the corporate purchase financing system prepared for the activation of transactions between companies.

arrow