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(영문) 창원지방법원 2016.01.21 2015노2663
사기
Text

The judgment below

The part, excluding the rejection of an application for compensation order, shall be reversed.

Defendant shall be punished by imprisonment with prison labor for not less than ten months.

Reasons

1. The defendant asserts that the reasons for appeal are too unreasonable because of the punishment imposed by the court below (ten months of imprisonment).

2. The crime of this case is acknowledged that the Defendant, along with the Defendant’s planned access to E, etc., obtained personal information, etc. in a false manner, and obtained a loan from the lending company via the Internet several times by using it, and the case is serious, and the sum of the acquired money of this case reaches KRW 18 million.

However, in light of the fact that the defendant recognized his mistake and speaks against the victim, that the defrauded who received the loan in the name of E, B, and I was repaid to the damaged lending business entity in the first instance, the defendant promised to pay the remainder of the defrauded directly to the damaged lending business entity and agreed with all the six lending holders, including E, etc., and that the defendant has no past punishment, etc., in consideration of the circumstances favorable to the defendant, such as the defendant's age, sex, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the punishment that the court below issued by the court below shall be deemed to be unfair by taking into account all other circumstances, such as the defendant's age, sexual behavior, environment, motive

3. As the appeal by the defendant is well-grounded, the part of the judgment below excluding the rejection of an application for compensation order pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the following is ruled again through pleading.

[Judgment as to the part other than the rejection of an application for compensation order] Criminal facts and summary of evidence acknowledged by the court, and summary of evidence are as stated in the corresponding column of the judgment below (Article 369 of the Criminal Procedure Act). Application of statutes is as follows.

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the selection of criminal facts;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 of the Criminal Act:

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