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(영문) 서울서부지방법원 2015.03.12 2014노1631
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. The crime of this case was committed by taking part in the so-called fraud of the so-called work loan that a financial institution borrowed from a financial institution using a false lease contract and taking part in it as a lessee, and is not in the nature of crime.

In addition, the defendant paid interest to the victim IBK Enterprise Bank and paid 400,000 won out of the principal, but the amount of damage is not much.

On the other hand, the punishment of the court below is determined in consideration of all favorable sentencing factors, such as the fact that the defendant led to the confession of the crime and the repent of the crime, or that the crime resulted from economic difficulties, and there is no particular change in the situation in the trial.

In addition, considering the motive and background of the instant crime, the circumstances after the instant crime was committed, Defendant’s career, environment, etc., various sentencing conditions shown in the records and pleadings, the lower court’s sentence cannot be deemed unreasonable.

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

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