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(영문) 인천지방법원 2014.04.18 2013노3946
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant committed the instant crime; (b) the Defendant used the cancellation of senior collateral security or delivered it to the lender himself/herself for the original purpose of the instant fraud; and (c) the instant crime is in the concurrent relationship between the crime of embezzlement established on July 19, 2013 and the latter part of Article 37 of the Criminal Act, and there is a need to determine punishment for the instant crime in consideration of equity with the case where judgment is rendered at the same time under Article 39(1) of the Criminal Act; and (d) there is no record of being sentenced to punishment exceeding a fine other than the previous offense of ex post concurrent crimes.

However, the court below was determined by fully considering the circumstances favorable to the defendant, and it is difficult to see that there was a change in circumstances that would differ from the judgment of the court below and the punishment of the defendant, and the crime of this case was committed by the defendant who was an employee of a certified judicial scrivener office, using his position and inflicted damage on the financial institution and the applicant by taking advantage of the status of the defendant, and the nature of the crime is not very good in light of the manual and the form, and the victim's loan employee is dismissed, and there is a significant damage, such as dismissal of the victim, and the defendant did not take measures to compensate the damage by agreement with the victims or deposit of money, even though the actual gains acquired by the crime of this case exceed 230 million won, and other various sentencing conditions in the records and arguments, such as the defendant's age and happiness environment, circumstances before and after the crime, etc. are considered as being too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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