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(영문) 서울서부지방법원 2014.11.20 2014노1233
사기등
Text

The judgment below

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

Defendant

A shall be punished by imprisonment for eight months.

Defendant

B.

Reasons

1. The gist of the grounds for appeal is that the court below's respective punishment (ten months of imprisonment with prison labor for Defendant A and two years of imprisonment with prison labor for Defendant B) is unreasonable.

2. The crime of this case as to Defendant B’s appeal is punishable in consideration of the following favorable circumstances: (a) the crime of this case, by forging a certificate of employment, lease contract, etc. and obtaining a loan from a financial institution; (b) the nature of the crime and the criminal intent of obtaining a loan from a financial institution are heavy; (c) the amount of damage incurred by the Defendant’s participating crime reaches 500 million won; (d) the amount of damage incurred by the crime reaches 500 million won; and (e) no agreement or recovery from damage was made until the trial; and (e) the punishment of the court below is committed by taking into account all favorable circumstances, such as the confession and reflect of the crime; and (e) there is no change of circumstances at the trial; and (e) the circumstances of the crime, means, circumstances after the crime, the age of the Defendant, and the environment of the Defendant, etc.

Therefore, the appeal by the defendant B is without merit and it is so decided as per Disposition in accordance with Article 364 (4) of the Criminal Procedure Act.

3. As to the judgment on Defendant A’s appeal, Defendant A’s strict punishment should be imposed on the following grounds: (a) the nature of the instant crime and the circumstances of the instant crime; (b) the need for strict punishment; (c) the amount of damage inflicted by the Defendant’s involved in the crime reaches KRW 50 million; and (d) the amount of damage has not been properly recovered until the trial.

However, when the defendant was at the trial, he agreed to repay the principal and interest of the defendant in installments to the Korea Housing Finance Corporation who subrogated for the debt of the defendant as the guarantor of the loan of this case, and endeavored to recover damage, such as paying a part of the amount, etc., the confession and the depth of the crime has been violated, there is no criminal record, and other records and arguments are shown in the background and means of the crime, the circumstances after the crime, the age of the defendant, the environment, etc.

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