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(영문) 서울북부지방법원 2017.04.20 2016노2316
사기
Text

The defendant's appeal is dismissed.

Reasons

The defendant, who is aware of the summary of the grounds for appeal, stated that he is currently in the job-seeking process at the time of receiving the loan from the Lid Co., Ltd., but he received the loan by providing the Lid Co., Ltd. with a simple procedure without confirmation of income, and thereby making it impossible to repay the loan because he did not receive a simple loan without confirmation of income. Therefore, the defendant did not deceiving the Lid Co., Ltd. and did not have the intention of deception.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

The sentence (700,000 won) imposed by the court below against the defendant is too unreasonable.

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake as to the grounds for appeal, i.e., the Defendant: (a) obtained a total of KRW 1,00,00 from a loan company in the location of five locations, including the LAC LAC LAC LAC and LAC, around July 2014, when the Defendant was granted a loan from the LACF; (b) did not pay interest at one time even though the monthly interest that the Defendant paid to LACF is less than KRW 58,00,00; (c) the Defendant did not work in the workplace even after receiving a loan in a position at the time of July 2014; and (d) the Defendant received a loan from LACF as stated in the judgment of the court below, even though the Defendant did not have any intent or ability to repay the loan; and (e) took full account of the fact that the Defendant received the loan from LACF, as stated in the criminal facts in the judgment below.

Therefore, the judgment of the court below which found the defendant guilty of the facts charged of this case is just, and there is no error of law as alleged by the defendant.

Although there are no circumstances to consider the fact that there is no history of punishment exceeding the fine for the defendant with regard to the illegal claim for sentencing, the damage is recovered.

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