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(영문) 부산지방법원 2018.04.13 2017노4850
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is too unreasonable.

2. The instant crime committed by the Defendant in collusion with H to obtain a loan by means of so-called working loan that enhances credit rating by gathering financial transaction records, which is highly likely to be subject to such criticism, and the fact that there are many records of criminal punishment for the same crime including that the Defendant was sentenced to two or more punishment for fraud, and that there is a high risk of recidivism.

However, when the defendant was found to have committed a crime in the first instance trial, and the damaged person sought the highest preference against the defendant by agreement with the victim in the first instance trial, the defendant's health is not good due to the trapsy, etc., the defendant's family and branch members want not be healthy; the defendant's family and branch members wanted to have the trapsy from the defendant's wife; the defendant's status and degree of participation; and the balance with punishment in the same and similar cases, etc. are considered to be unfair, the court below's punishment is recognized to be unfair and unfair. Thus, the defendant's punishment is accepted.

3. As the appeal by the defendant is well-grounded, the judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the judgment below is ruled again after pleading as follows.

[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the corresponding column of the judgment of the court below, and thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. The punishment shall be determined as ordered by taking into account the relevant legal provisions of the crime, Articles 347(1) and 30 of the Criminal Act, the grounds for sentencing with respect to the punishment of imprisonment, and the relevant argument on the grounds for determining the illegality of sentencing.

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