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(영문) 인천지방법원 2020.12.04 2020노3408
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. The crime of this case is committed by actively deceiving financial institutions by preparing and submitting false documents, and is a crime of fraud of working loan by deceiving money, and the method and quality of the crime are inferior, and the defendant does not commit the crime of this case even during the period of repeated crime due to the same criminal act, but commits the crime of this case, which is disadvantageous to the defendant.

However, the fact that the defendant reflects the crime of this case, and that the court seems to have recovered part of the damage to the victim corporation D in the trial, and that there is no record of punishment or punishment exceeding the fine after the crime of this case, etc. are favorable to the defendant.

In addition, considering the defendant's age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, various sentencing conditions as shown in the arguments in this case, such as the circumstances after the crime, etc., the sentence imposed by the court below is deemed to be too unreasonable, and thus the defendant's above assertion is reasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to facts constituting a crime and summary of evidence, and the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, they are cited in accordance with Article 369

Application of Statutes

1. Comprehensively taking account of various circumstances as examined in the determination of the grounds for appeal prior to the grounds for sentencing under Article 35 of the Criminal Act among the persons who committed the relevant criminal facts, Articles 347(1) and 30 of the Criminal Act regarding the choice of punishment, and the repeated crime selected to imprisonment, the punishment shall be determined as ordered.

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