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(영문) 서울남부지방법원 2016.01.21 2015노1492
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant’s punishment (six months of imprisonment) sentenced by the lower court is too unreasonable in light of the following: (a) the Defendant did not know of the details of the Defendant’s proposal for the loan broker’s specific crime and did not have any record of being punished for the same kind of crime.

2. The Defendant served as a false tenant in the instant crime. The instant crime is a situation unfavorable to the Defendant, in that it is highly likely to make a false document by acquiring public funds in a planned and organized manner by using the hub on the loan system, and that social harm is significant. If the damage from the instant crime is not recovered, then the loss resulting from the crime is ultimately attributable to the national tax, and thus, can ultimately be attributed to the citizens, and thus, the damage resulting from the crime is not good in terms of the nature of the crime, and that the amount of fraud is not much than KRW 50 million, which is disadvantageous to the Defendant.

In addition, by comparing the circumstances that the Defendant committed the instant crime, including the circumstances leading up to the instant crime, the circumstances after the commission of the crime, the age of the Defendant, the environment, and sexual conduct, and the reasons for sentencing of the lower judgment, it does not seem that the lower court’s punishment is too unreasonable even if considering the circumstances alleged by the Defendant on the grounds of appeal.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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