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(영문) 인천지방법원 2016.03.31 2016노62
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The crime of this case, which is determined by the Defendant, obtained a loan of money from a financial institution along with his accomplice and acquired it by fraud, is favorable to the Defendant, such as the fact that the Defendant led to the confession of the crime and reflects the wrongness, the degree of participation in the crime is relatively lower than the accomplice, the Defendant paid the total amount of KRW 5 million to the financial institution, and the first offender.

However, the Defendant committed the crime in a planned and systematic manner by abusing the loan system for the loan of funds established by the Government to stabilize the residence of ordinary people.

The amount of fraud reaches 165 million won in total, and the defendant acquired a large amount of 35 million won among them.

Since damage has not been recovered properly, it did not reach an agreement with the damaged financial institution.

In full view of such circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, as it is too unreasonable.

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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