(영문) 대전지방법원 2017.06.28 2017노1118 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2017.06.28 2017노1118

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s respective sentence against the Defendants (defendant A: 6 months of imprisonment, Defendant B: 1 year of imprisonment, and Defendant C: 6 months of imprisonment) is too unreasonable.

2. Determination

A. It is advantageous to the following: (a) the Defendant recognized the instant crime against Defendant A; (b) the Defendant did not lead the instant crime; and (c) the Defendant was involved in the instant crime because of economic difficulties; and (d) the Defendant appears to have repaid the amount of KRW 2.3 million to the victim.

However, the crime of this case is committed in a situation where the defendant acquired a loan from a financial institution that has been systematically damaged by using the capital loan system, along with his accomplices, and acquired the loan from a financial institution that has been used for the loan system, and the nature of the crime is not good, and the amount obtained by the defendant reaches 59 million won and has not been recovered from the damage of the victim, and the amount of the victim has not been recovered properly. The acquisition of 17.65 million won in return for the defendant's participation in the crime of this case by acquiring 17.65 million won in return for the defendant's participation in the crime of this case and the acquisition of 17.6

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentence and the lower court’s punishment, the lower court’s punishment is excessively unreasonable.

Therefore, the defendant's above assertion is without merit.

B. The crime of this case against Defendant B is that the Defendant, along with his accomplices, obtained a loan of the entire loan from the financial institution of the damaged person in a planned manner by using the hub of the loan system for the entire loan, and the nature of the crime is not good. The Defendant committed the crime of this case two times, and the total amount of the acquired money is the maximum amount of KRW 122 million.

유사 판례

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