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(영문) 광주지방법원 2015.07.08 2015노1080
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the defendant is a large amount of KRW 192 million (However, since the amount equivalent to KRW 11520,000 among them was returned to the victim to the actual loan, the actual amount of damage is equivalent to KRW 77,00,00). The extent of exceeding the size and limit of credit business is also not much significant, while the defendant acknowledges and reflects his mistake, the fact that the defendant has reached an agreement with the victim at the time of the trial, the fact that there is no same criminal power in relation to credit business, and the fact that there is no other kind of punishment power in relation to the credit business of this case. Considering the circumstances of the crime of this case, the court below's punishment is too excessive, and the defendant's argument is reasonable. Thus, the defendant's argument is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

Criminal facts

The summary of facts constituting the offense and evidence recognized by the court as described in this Court shall be as shown in the corresponding columns of the original judgment.

(Article 369 of the Criminal Procedure Act). Application of law

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 347 (1) of the Criminal Act concerning the selection of punishment, Article 19 (1) 1 and Article 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (1) 1 and 3 of the Act on Registration of Credit Business, etc. and Protection of Finance Users, Articles 19 (2) 3 and 11 (1) of the Act on Registration of Credit Business, etc. and Protection of Finance Users, and selection of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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