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(영문) 울산지방법원 2015.02.11 2014노1155
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

1. In light of the summary of the grounds for appeal in this case, the punishment imposed by the court below (two years and six months of imprisonment) is too unreasonable.

2. The so-called “singing” crime, such as each of the instant crimes, committed on an organized and planned basis for many and unspecified persons, is likely to undermine the safety and reliability of financial transactions and bring about serious danger and danger in society as a whole.

In addition, with the development of information and communication technology, the criminal law has become more intelligent, and social harm has increased, such as mass production of many victims.

In particular, there are many cases where people who have difficulties in receiving a loan from a financial institution become victims, and there is a great social harm because the scope of damage is not only differentiated and neglected, but also structural characteristics that are not easy to recover damage.

In this respect, it is necessary to punish the defendant strictly.

However, in full view of all the circumstances, including the fact that the defendant recognized the crime of this case as a whole and reflects the mistake in depth, that there is a family member to support the defendant, that his family member wanted to support the defendant, that the defendant does not seem to have any profit earned from the crime of this case, that it appears to have been engaged in a normal social life in good faith after he left the crime of this case, that there is no criminal history other than the same criminal power or fine, that there is no criminal punishment other than the crime of this case, and that there is no relation with the accomplice of this case, in full view of the equity of punishment in accordance with the degree of participation in the crime of this case, the degree of participation by the defendants, age, family relation, criminal record, criminal relation, character and conduct, living environment, motive, means and consequence, etc., and all other circumstances that are the conditions for sentencing after the crime of this case, the judgment of the court below is unreasonable

3. Conclusion.

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