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(영문) 수원지방법원 2016.05.12 2015노5231
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

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

Reasons

1. The gist of the grounds for appeal by the defendant and his defense counsel (unfair sentencing) is against the defendant's wrongs, and the defendant was in office with loans of KRW 10 million from the injured party, and there was evidence such as a certificate of employment and a statement of entry deposit and withdrawal from the main transaction passbook. In order to obtain loans from the injured party again, the defendant did not require the counseling worker to submit the above documents, but only several verbal items are asked to ask for the above documents.

In light of the fact that the defendant did not deceiving the victim in a planned manner, rather than deceiving the victim, that the defendant tried to repay the loan to the victim while operating the packaging vehicle, but it was impossible for the defendant to repay the loan due to unexpected circumstances, that there was no record that the defendant was punished or punished exceeding the fine due to the same kind of crime, that the defendant paid monthly repayment according to the repayment plan after being decided to commence rehabilitation on October 5, 2015, and that the defendant paid monthly payment according to the repayment plan when the defendant is detained, the damage recovery according to the repayment plan is difficult and the family's family's family's family's family's family's family's family's family's family's family's family's

2. Determination is against the Defendant’s mistake in depth, and on August 24, 2015, the Defendant deposited KRW 1 million for the victim, and the Defendant was decided to commence the individual rehabilitation procedure at the Suwon Fagwon on October 5, 2015 and the repayment plan submitted by the Defendant is included in the victim’s loan claim. According to the above repayment plan, the Defendant paid the amount of KRW 676,235 per month; the Defendant paid the amount of KRW 676,235 per month according to the above repayment plan; even if the damage was not recovered up to the trial, the Defendant was required to pay the obligation only according to the authorized repayment plan after the Defendant was sentenced to the decision of commencement of the individual rehabilitation procedure.

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