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(영문) 수원지방법원 2016.08.12 2016노744
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s sentence (five million won ad hoc sentence) is too unfilled and unreasonable.

2. The offense of the Defendant, by deceiving a financial institution and deceiving a financial institution of KRW 30 million, shall not be less than that of the Defendant.

However, in full view of the following circumstances: (a) the Defendant, who had no record of criminal punishment prior to the instant crime, recognized the instant crime as a primary offender with no record of criminal punishment; (b) the Defendant paid interest to the victim for at least one year; (c) the Defendant agreed to repay the remaining principal and interest to the victim through the personal rehabilitation procedure; and (d) the Defendant’s age, sexual conduct, environment, family relationship, and other circumstances that form the condition for sentencing as indicated in the instant case, the lower court’s punishment is deemed unfair as it is too unreasonable, and thus, the Prosecutor’s aforementioned ground for sentencing is rejected.

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

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