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(영문) 인천지방법원 2017.01.20 2016노4582
사기
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (Defendant A: 6 months of imprisonment; 2 years of suspended sentence in June; and 80 hours of community service order) is too unreasonable.

2. In the judgment of the court below, the defendants made a serious effort to recover damage, such as the defendants' payment of additional KRW 10 million to the Korea Credit Guarantee Fund for the repayment of the loan of this case by the defendant A who subrogated the loan of this case. The defendant B is the first offender, and the defendant A has no record of criminal punishment for the same kind of crime, and there is no record of criminal punishment exceeding the fine. On the other hand, the crime of this case is committed in collusion with the defendants to reduce the burden of settlement of the fund to the subcontractor of the original subcontractor and to take money to solve the shortage of the capital of the subcontractor, and it is recognized that the public funds amounting to KRW 38 million were obtained through the use of the public funds from the Korea Credit Guarantee Fund for the repayment of the loan of this case by the defendant A, and that the defendant B paid additional KRW 32.3 million to the Korea Credit Guarantee Fund for the payment of the loan of this case. In light of the crime, the circumstances, methods, size, etc., the defendant's participation in the crime of this case is considerably unfavorable to the defendant.

3. In conclusion, the part of the judgment below against Defendant A among the judgment below pursuant to Article 364(6) of the Criminal Procedure Act is reversed, and the following is decided after pleading, and Defendant B's appeal is justified.

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